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4520885
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Refugees - Indochina General (1)
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4520885
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Refugees - Indochina General (1)
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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
Vietnam (Republic)
Cambodia
Refugees
Vietnamese Americans
Emigration and immigration
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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 (1)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
Digitized from Box 58 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
610
260 FEDERAL REPORTER, 2d SERIES
proceedings would be applied to Hun-
Before
UNITED STATES of America ex rel.
garian refugee who came to the United
MOORE,
Gyula PAKTOROVICS, Relator-
States as parolee, and hence his parole
Appellant,
could not be revoked without a hearing
MEDIN
V.
at which the basis for discretionary rul-
This is
John L. MURFF, District Director, Immi-
ing of revocation might be contested
of a writ
gration and Naturalization Service for
on the merits, in view of the special
the District of New York, Respondent-
appellant,
circumstances which made such case
Appellee.
gary at t
generis. Immigration and Nationality
No. 274, Docket 24932.
sion of tl
Act, § 212(a) (20), (d) (5), 8 U.S.C.A.
country i
United States Court of Appeals
§ 1182(a) (20), (d) (5) Act July 25,
was susta
Second Circuit.
1958, 72 Stat. 419; U.S.C.A.Const.
two child
Argued Feb. 7, 1958.
Amend. 5.
appeal fr
Decided Nov. 6, 1958.
3. Aliens 54(10)
untarily
A Hungarian refugee whose tem-
On No
porary parole was revoked because of
his family
Habeas corpus proceeding for re-
inconsistent statements and withholding
Salzburg,
view of revocation of Hungarian refu-
of information regarding membership in
American
gees' temporary paroles and their sub-
Communist Party while in Hungary was
interview
sequent exclusion. From a judgment
not entitled to a hearing on merits on
cuted a T
of the United States District Court for
ground that hearing was to be implied
and his fa
the Southern District of New York, Ir-
from language of statute merely because
States pu
ving R. Kaufman, J., 156 F.Supp. 813,
hearings had been authorized by regu-
of the Im
dismissing the writ, a relator appealed.
lations promulgated pursuant to Immi-
8 U.S.C.2
The Court of Appeals, Medina, Circuit
gration and Nationality Act as a prelim-
cation WI
Judge, held, inter alia, that the doctrine
inary to exercise of discretion by the
wife and
that aliens as well as citizens are enti-
Attorney General in withholding deporta-
into the
tled to protection of procedural due
tion, suspending deportation, authorizing
at Camp
process in deportation proceedings would.
voluntary departure in lieu of deporta-
ber 24,
be applied to Hungarian refugee who
tion and adjusting an alien's immigrant
Baltimort
came to the United States as parolee,
status, since the promulgation of regu-
ployment
and hence his parole could not be revoked
lations providing for hearing prior to
On Fel
without a hearing at which the basis for
exercise of discretion under certain sec-
separate
discretionary ruling of revocation might
tions of the Act does not dispose of
was inte:
be contested on the merits, in view of
question of whether or not a hearing
ties in H
the special circumstances which made
is required with regard to matters in-
attendant
such case sui generis.
volved in other sections of the Act with
Reversed and remanded.
respect to which no such regulations
FORD
for parole
of these
Moore, Circuit Judge, dissented.
have been formulated. Immigration and
LIBRARY
an invest
Nationality Act, §§ 103, 212(d) (5), 243
Naturaliz
(h), 244, 245, 8 U.S.C.A. §§ 1103, 1182
was cond
1. Constitutional Law -252
(d) (5), 1253(h), 1254, 1255.
tor. Ea
Aliens, even those who have entered
the quest
the United States illegally, are entitled
pellant S}
to the full protection of the constitu-
Edward J. Ennis, New York City
and at n
tional requirements of due process in
(Ralph Goldstein and Clifford Forster,
resented
deportation proceedings. U.S.C.A.Const.
New York City, on the brief), for re-
As a
Amend. 5.
lator-appellant.
February
2. Aliens 54(10)
Roy Babitt, Sp. Asst. U. S. Atty., New
March 5
Constitutional Law ©-252
York City (Paul W. Williams, U. S.
immigrat
The doctrine that aliens as well as
Atty. for the Southern Dist. of New
pellant h
citizens are entitled to protection of
York, New York City, on the brief),
munist I
procedural due process in deportation
for respondent-appellee.
concentra
612
260 FEDERAL REPORTER, 2d SERIES
this information when he was questioned
family of Hungarian refugees came here
of r
in Austria. He claimed that the inter-
as parolees. They had no visas when
case
preter must have mistaken what he did
they left Austria, and the United States
also
say and thus the translation was incor-
officials handling the matter knew at
Dece
rect. However, on September 6, 1957,
all times that they had no visas and
Mess
an order that appellant "be excluded and
were not expected to have any visas.
31, 1
deported," without a hearing, was issued
Having raised the issue of whether
of th
on the basis of "information * * *
Gyula Paktorovics had communistic or
child
of a confidential nature, the disclosure
subversive tendencies, all of which he
escap
of which would be prejudicial to the
vigorously denied, the issue of his com-
tions
public interest, safety or security." Sub-
munist connections was abandoned, and
have
sequently, on September 13, 1957, this
he was ruled to be deportable on the
an e
exclusion and deportation was withdrawn
sole ground of his failure to produce the
ultim
since the Acting Regional Commissioner
visa which everyone knew all along he
abroa
learned that there were "sufficient bases
did not possess. The wife and the two
in th
for the exclusion of (appellant), apart
daughters are to be permitted to remain
the
from the confidential information war-
here; but the husband and father must
"(P):
ranting exclusion and deportation with-
go. The effect of this ruling, if upheld,
neede
out hearing #." Appellant's case
may be disastrous to the balance of the
impro
was referred to a Special Inquiry Offi-
30,000 odd Hungarian parolees, who will
Natic
cer for determination of appellant's "ad-
then be permitted to remain in the Uni-
Ap:
missibility or excludability." The writ
ted States only so long as the Govern-
titled
of habeas corpus allowed on August 26,
ment officials, who decided that Pak-
event
1957, was then dismissed upon a stip-
torovics must go, refrain from making
ject C
ulation approved by the District Court.
a similar decision as to the others.
should
Moreover, if the Government position is
An exclusion hearing, at which ap-
Sectic
sustained, any one or all of this large
pellant was represented by counsel, was
(d) (
number of Hungarians who fled from the
held on September 20, 1957. The pro-
the I
might of Soviet Russia must leave our
ceedings were limited, however, to the
into t.
shores on the mere say-so of a Govern-
question of whether or not appellant had
The
ment official, however unreasonable or
a valid immigration visa. Upon appel-
the ot
capricious this say-so may be, and even
lant's admission that he had never been
sion C
if there is no basis whatever for such
in possession of such a visa the Special
pulsio
a ruling. None of them have any visas;
Inquiry Officer found him to be inad-
proble
missible to the United States under Sec-
and the only hearing to which any of
held a
these parolees will be entitled under the
tion 212(a) (20) of the Immigration and
law, as thus interpreted, will be a hear-
a pers
Nationality Act, 8 U.S.C.A. § 1182(a)
States
ing to determine the already obvious
(20). An appeal from this determina-
"enlar
fact that they have no visas. We can-
tion taken to the Board of Immigration
or ten
not agree that such is the law. Under
Appeals was dismissed on October 22,
the special circumstances of the case of
purpos
1957. A new writ of habeas corpus, al-
pendir
these Hungarian refugees, we think their
lowed on October 26, 1957, was, after
plicati
parole may not be revoked without a
argument, dismissed as to appellant by
States
hearing at which the basis for the dis-
the District Court on November 26, 1957.
an alie
cretionary ruling of revocation may be
The appeal now before us was taken
States
contested on the merits.
from this dismissal of the writ.
conten
Thus the facts may be summarized
Appellant argues that Section 212(d)
countr
as follows: in order to find some sort
(5), 8 U.S.C.A. § 1182(d) (5), in the
1. "On
of temporary or permanent asylum in
light of certain sections of the Immi-
and
the United States, and in response to
gration and Nationality Act, 8 U.S.C.A.
Refu
what must have appeared to them to
§ 1101 et seq., which do not by their
500
be a generous and humanitarian invita-
terms provide for a hearing, requires
be 8
tion from a freedom-loving people, this
that a hearing be had on the subject
garia
torne
UNITED STATES V. MURFF
613
Cite as 260 F.2d 610
of revocation of parole, at least in the
ment, after the Attorney General has
case of the Hungarian refugees. He
exercised his discretion to revoke that
also notes the President's directive of
alien's parole, as is accorded an alien en
December 1, 1956 referred to in his
route from foreign soil. On the basis
Message to the Congress on January
of this reasoning it is claimed that ap-
31, 1957 which reviews the sad plight
pellant has no constitutional rights, and
of the "(t) housands of men, women, and
is not within the protection of the Due
children (who) have fled their homes to
Process Clause of the Fifth Amendment,
escape Communist suppression," men-
citing Kaplan V. Tod, 267 U.S. 228, 45
fions the fact that most of the refugees
S.Ct. 257, 69 L.Ed. 585, and two lower
have been admitted "only temporarily on
court cases the holdings of which have
an emergency basis," that some "may
been sustained by the recent Supreme
ultimately decide that they should settle
Court decision in Leng May Ma V. Bar-
abroad," but "many will wish to remain
ber, 357 U.S. 185, 78 S.Ct. 1072, 2 L.
in the United States permanently." In
Ed.2d 1246. Largely on the basis of
meantime, the President adds,
the decisions just referred to, and the
(P)rompt action by the Congress is
absence of any clause in Section 212(d)
needed looking toward the revision and
(5), 8 U.S.C.A. § 1182(d) (5) stating
improvement" of the Immigration and
in so many words that a hearing must
Nationality Act. 103 Cong.Rec. 1355.
be had, the Government insists that no
Appellant also contends that he is en-
hearing other than the barren formality
titled to procedural due process in any
here resorted to need be had in instances
event, and thus to a hearing on the sub-
where aliens paroled into the United
Ject of revocation of parole, even if we
States pursuant to Section 212(d) (5),
should not adopt his interpretation of
8 U.S.C.A. § 1182(d) (5), are to be de-
Section 212(d) (5), 8 U.S.C.A. § 1182
ported after the revocation of the parole
(d) (5), pursuant to the terms of which
by the Attorney General.
the Hungarian refugees were paroled
But we think this case is different.
into this country.¹
By reason of the circumstances under
The position of the Government, on
which the Hungarian refugees were
the other hand, is that this is an exclu-
paroled into the United States this case
sion case pure and simple, that the ex-
in sui generis. We are mindful of the
pulsion cases have no bearing on the
opening paragraph of the President's
aroblem before us, and that it has been
Message to the Congress, above referred
ield again and again that the parole of
to:
person seeking entry into the United
"The eyes of the free world have
States is nothing more nor less than an
been fixed on Hungary over the past
enlargement". of the place of detention
2½ months. Thousands of men,
or temporary refuge ashore, for which
women, and children have fled their
LIFORD
purpose Ellis Island had long been used,
homes to escape Communist oppres-
pending determination of an alien's ap-
sion. They seek asylum in countries
SEAL
plication for admission into the United
that are free. Their opposition to
LIBRARY:
States. Thus, argues the Government,
Communist tyranny is evidence of a
an alien physically present in the United
growing resistance throughout the
States on parole is, nevertheless, "in
world. Our position of world leader-
contemplation of law" still outside this
ship demands that, in partnership
country and subject to the same treat-
with the other nations of the free
10"On December 1, I directed that above
thority under section 212(d) (5) of the
and beyond the available visas under the
Immigration and Nationality Act; and
Refugee Relief Act-approximately 6,-
that when these numbers had been ex-
500 in all-emergency admission should
hausted, the situation be reexamined."
be granted to 15,000 additional Hun-
Message from the President of the
garians through the exercise by the At-
United States to the Congress, January
torney General of his discretionary au-
31, 1957, 103 Cong.Rec. 1355.
614
260 FEDERAL REPORTER, 2d SERIES
world, we be in a position to grant
refugees. See Public Law 85-559, =
that asylum."
Stat. 419 (approved July 25, 1958).
[1,2] It is well established law that
True it is that the President has to
aliens, even those who have entered the
power to change the law by invitier
United States illegally, are entitled to
Paktorovics and the other Hungarias
the full protection of the constitutional
refugees to come here, but this is not
requirements of due process in deporta-
to say that the tender of such an invita-
tion proceedings. Kwong Hai Chew V.
tion and its acceptance by him did no:
Colding, 344 U.S. 590, 73 S.Ct. 472, 97
effect a change in the status of Pak-
L.Ed. 576; The Japanese Immigrant
torovics sufficient to entitle him to the
Case (Yamataya V. Fisher), 189 U.S.
protection of our Constitution.
86, 23 S.Ct. 611, 47 L.Ed. 721; see also
We also hold that, in order to bring
Shaughnessy V. United States ex rel.
Section 212(d) (5), 8 U.S.C.A. § 1182
Mezei, 345 U.S. 206, 73 S.Ct. 625, 97
(d) -(5), "into harmony with the Cop-
L.Ed. 956. The principles underlying
stitution," a hearing is required prior
those decisions are applicable here, de-
to the revocation of parole when this
spite the fact that the proceeding is in
section is applied to persons situated
form one of exclusion rather than expul-
in the United States as is appellant in
sion. If this means an extension of the
the case at bar. Section 212(d) (5)
doctrine that aliens as well as citizens
provides:
are entitled to the protection of proce-
"The Attorney General may in his
dural due process in deportation proceed-
discretion parole into the United
ings so as to include within the protected
States temporarily under such con-
class of persons parolees who have come
ditions as he may prescribe for
to the United States as have the Hun-
emergent reasons or for reasons
garian refugees of whom appellant is
deemed strictly in the public inter-
merely one of thousands, we do not hesi-
est any alien applying for admis-
tate to take that forward step, in view
sion to the United States, but such
of all the circumstances of this case to
parole of such alien shall not be re-
which reference has been made. What
garded as an admission of the alien
makes this case different from other ex-
and when the purposes of such
clusion cases, such as United States ex
parole shall, in the opinion of the At-
rel. Knauff V. Shaughnessy, 338 U.S. 537,
torney General, have been served
70 S.Ct. 309, 94 L.Ed. 317; Shaughnessy
the alien shall forthwith return or
V. United States ex rel. Mezei, 345 U.S.
be returned to the custody from
206, 73 S.Ct. 625, 97 L.Ed. 956; Leng
which he was paroled and thereafter
May Ma V. Barber, 357 U.S. 185, 78 S.
his case shall continue to be dealt
Ct. 1072, 2 L.Ed.2d 1246, and Rogers
with in the same manner as that of
V. Quan, 357 U.S. 193, 78 S.Ct. 1076,
any other applicant for admission to
2 L.Ed.2d 1252, is that Paktorovics was
the United States."
invited here pursuant to the announced
foreign policy of the United States as
[3] We are not persuaded by ap-
formulated by the President in his direc-
pellant's argument that the requirement
tive of December 1, 1956, referred to in
of such a hearing is to be implied from
the language of the section merely be
his Message to the Congress, of January
cause hearings have been authorized by
31, 1957, from which we have already
regulations promulgated pursuant to the
quoted. Furthermore, the Congress has
Immigration and Nationality Act as a
recently enacted legislation endorsing
preliminary to the exercise of discretion
the extraordinary action of the Presi-
by the Attorney General in withholding
dent with respect to these Hungarian
deportation, suspending deportation, au-
2. The Japanese Immigrant Case (Yamataya V. Fisher), 189 U.S. 86, 101, 23 S.Ct. 611.
615, 47 L.Ed. 721.
UNITED STATES V. MURFF
615
Cite as 260 F.2d 610
72
orizing voluntary departure in lieu of vich, 353 U.S. 194, 201-202, 77 S.Ct.
eportation, and adjusting an alien's im-
779, 1 L.Ed.2d 765; also Kwong Hai
no
migrant status. We find no relation be-
Chew V. Colding, 344 U.S. 590, 73 S.Ct.
ween the hearings authorized by ap-
472, 97 L.Ed. 576; Wong Yang Sung
an
ropriate regulations to aid the Attorney
V. McGrath, 339 U.S. 33, 70 S.Ct. 445,
net
General in exercising his discretion to
94 L.Ed. 616.
withhold the deportation of an alien who
We do not say that the discretion of
not
otherwise is likely to be subjected to
the courts should be substituted for the
physical persecution, Section 243(h), 8
discretion to be exercised by the Attor-
U.S.C.A. § 1253(h), or to adjust the
ney General as provided by law. We do
status of an alien so as to give that per-
say that there must be a hearing which
son a more favorable position with ref-
will give assurance that the discretion
62
erence to the administration of the im-
of the Attorney General shall be exer-
migration laws, Sections 244 and 245,
cised against a background of facts fair-
or
8 U.S.C.A. §§ 1254, 1255, and the hear-
ly contested in the open.
ings sought by appellant as a condition
Reversed and remanded.
precedent to the Attorney General's ex-
in
ercising his discretion to revoke parole
5)
order to place appellant in a posi-
MOORE, Circuit Judge (dissenting).
Son more amenable to deportation. The
I dissent.
ttorney General is given authority to
The relator, Gyula Paktorovics, his
stablish such regulations * * * as
wife, Szeren Paktorovics, and their two
deems necessary for carrying out his
minor daughters were part of a group
authority" under the Act, Section 103,
of some 30,000 Hungarians who had
8 U.S.C.A. § 1103, and the promulga-
fled to Austria from Hungary at the
tion of regulations providing for a hear-
time of the uprising in the fall of 1956.
ing prior to the exercise of discretion
To relieve Austria of the burden of this
mder certain sections of the Act does
large influx, various countries, includ-
not dispose of the question of whether
ing the United States, sympathetic to
or not a hearing is required with regard
those who were seeking freedom from
to the matters involved in other sections
Communistic oppression offered to re-
of the Act with respect to which no
ceive certain numbers within their bor-
such regulations have been formulated.
ders. Under the Refugee Relief Act,
However, the grave constitutional im-
50 Appendix, § 1971 et seq.
plications of a decision that appellant
there were only approximately 6,500
is not entitled to the hearing he seeks
visas available for them. The number
are clear. Were the views advanced by
seeking asylum vastly exceeded this fig-
the Government adopted it is difficult to
ure. The President, therefore, on De-
#00 how the statute, interpreted to au-
cember 1, 1956 directed that "emergen-
thorize deportation of appellant without
cy admission should be granted to 15,000
a hearing on the merits, could satisfy
additional Hungarians through the ex-
the requirements of due process. Ac-
ercise by the Attorney General of his
cordingly, since a construction of Sec-
discretionary authority under section 212
tion 212(d) (5), 8 U.S.C.A. § 1182(d)
(d) (5) of the Immigration and Nation-
(5), which requires a hearing on the
ality Act."1 Subsequently others were
subject of revocation of parole will re-
admitted making the total some 30,000.
move serious doubt regarding the valid-
In Austria the relator executed an ap-
ity of the statute, we so construe the
plication for himself and his family pur-
section and hold that appellant is enti-
suant to § 212(d) (5) of the Immigra-
tied to a hearing prior to the revocation
tion and Nationality Act [8 U.S.C.A. §
of his parole. United States v. Witko-
1182(d) (5)]. The truth or falsity of
1. Message from the President of the United States to the Congress, January 13, 1957,
103 1355.
616
260 FEDERAL REPORTER, 2d SERIES
the relator's statements in this applica-
that on November 8, 1956 he had direct-
tion are immaterial to the decision re-
ed that extraordinary measures be taken
quired here. Suffice it to say that they
to expedite the processing of 5,000 Hun-
were adequate to enable him and his
garian visa applications under provisions
family to be included in the group des-
of the Refugee Relief Act. However.
tined for the United States. The fam-
by November 29 it was clear that many
ily arrived in this country on December
more persons would have to be admitted.
24, 1956, and settled in Baltimore where
and on December 1, the President di-
Gyula obtained employment as a milk-
rected that emergency admission should
man.
be granted to 15,000 additional Hungar-
Because no visas were available be-
ians through the exercise by the Attor-
yond the exhausted 6,500, the President
ney General of his discretionary author-
relied upon section 212(d) (5) of the
ity, and that when these numbers had
Immigration and Nationality Act. In-
been exhausted, the situation be reer-
deed there was no other way in which
amined. The President pointed out that
even temporary admission could have
most of the refugees had been admitted
been secured. This section provides in
"only temporarily on an emergency ba-
part that the Attorney General may in
sis"; that some might ultimately decide
his discretion parole into the United
to settle abroad; and that many would
States temporarily, for emergent rea-
wish to remain in the United States per-
sons, in the public interest, "any alien
manently. As to them he said: "Their
applying for admission to the United
admission to the United States as pa-
States, but such parole of such alien
rolees, however, does not permit perma-
shall not be regarded as an admission
nent residence or the acquisition of citi-
of the alien, and when the purposes of
zenship." To give them that opportunity
such parole shall, in the opinion of the
he recommended that "the Congress enact
Attorney General, have been served the
legislation giving the President power
alien shall forthwith return or be re-
to authorize the Attorney General to
turned to the custody from which he
parole into the United States temporari-
was paroled." The section further pro-
ly, under such conditions as he may
vides that thereafter his case shall be
prescribe, escapees selected by the Secre-
"dealt with in the same manner as that
tary of State who have fled or in the
of any other applicant for admission to
future flee from Communist persecution
the United States."
and tyranny." To avoid the mass of
private immigration bills dealing with
Thus Congress had specifically given
hardships in individual cases the Presi-
to "the Attorney General" the power "in
dent recommended that "the Attorney
his discretion" to "parole into the United
General be granted authority, subject to
States" but only "temporarily" and "for
such safeguards as Congress may pre-
emergent reasons * * * in the pub-
scribe, to grant relief from exclusion
lic interest" aliens applying for admis-
and expulsion ****
sion. However, Congress with equal
clarity declared that "such parole of such
The President's letter indicated that
alien shall not be regarded as an ad-
the problem in dealing with the Hun-
mission of the alien." When the pur-
garian situation was one for Congres-
poses of the parole should have been
sional action. In fact, the President
served, again it was the Attorney Gen-
squarely placed the problem of the status
eral to whose opinion Congress entrust-
of the Hungarian refugees before Con-
ed the decision and the power to return
gress for action. They were physically
the alien to the custody from which he
present in the United States, and yet
was paroled.
only "temporarily," and at least 23,500
On January 31, 1957 the President
had no visas or other necessary papers
sent to the Congress a letter of the
to enable them to become permanent
same date in which he advised Congress
residents or citizens. After much debate
UNITED STATES V. MURFF
617
Cite as 260 F.2d 610
tbill (H.R.11033) was finally enacted grace of the sovereign permitted them
providing for the admission of paroled
to do so without complying with any
Hungarian refugees who have been in
law except that which was being used
the United States for at least two years
to sanction their de facto admission,
72 Stat. 419). Both the Senate and
and under the specific condition that
House reports accompanying H.R.11033
parole by the Attorney General should
and recommending its passage (H.R.Rep.
not be regarded as admission of the
No.1661 and S.Rep.No.1817, 85th Cong.,
alien. By act of Congress parole was
2d;Sess.) singled out as best explaining
exclusively within the discretion of the
"the full purport of the bill" the com-
Attorney General and he assigned the
ments by the bill's sponsor, Representa-
task of investigating and screening the
tive Feighan of Ohio, made when in-
person so admitted to the Immigration
troducing the bill. The Representative
Service.
explained that the bill was designed to
Commencing in February 1957, offi-
cover the case of a paroled Hungarian
cers of the Service conducted several
refugee and that its objective was to
investigations and interrogations of the
have him "regarded as lawfully admitted
relator Gyula and came to the conclu-
for permanent residence as of the date
sion that he had been a volunteer mem-
of his arrival in the United States."
ber of the Communist party in Hungary
To achieve this status, inspection and,
and that he had withheld information
if necessary, a hearing by special in-
of such affiliation because of a fear that
quiry officer of the Immigration and
such disclosure might result in a denial
Naturalization Service, were provided
of his application. Thereafter, the Act-
for. The Representative stated that "ob-
ing Regional Commissioner of the Serv-
viously, if he is not admissible on these
ice at Richmond, Virginia, entered an
terms, the alien's exclusion and deporta-
order on August 14, 1957 revoking his
tion would necessarily follow in accord-
temporary parole and directing that steps
ance with the existing provisions of the
be taken for relator's return to Austria.
Immigration and Nationality Act." He
On August 26, 1957 the relator sought
vas clear that his bill did nothing that
a writ of habeas corpus on the ground
affects the duties, powers and functions
that his expulsion was without a hear-
of the Attorney General" granted by the
ing, in violation of due process. Prior
Act, and that the bill re-states the sub-
to the return of the writ, the Service
stance of existing law-that a parolee,
invoked § 235(c) of the Immigration
when returned to the custody of the Im-
Act [8 U.S.C.A. § 1225(c)] providing
migration Service and found inadmissi-
ble under the existing law, has auto-
for the expulsion of an alien without a
matically lost his status as a parolee, and
hearing where inadmissibility is based on
confidential information which would be
is required to be excluded and deported
just as any other excludable alien ap-
inimical to public welfare. Subsequently
the Commissioner withdrew the exclu-
plying for admission to the United
States." Cong.Rec. Vol. 104, No. 31;
sion order on this ground and agreed to
Feb. 27, 1958; pp. 2676-7.
grant a hearing pursuant to § 236 at
which hearing the only question permit-
There was, of course, a major incon-
ted to be litigated was whether the rela-
istency in using § 212(d) (5) as the
tors were in possession of valid unex-
vehicle for emergency admission because
pired entry documents. This was a futile
the greater proportion by far of those
proceeding because, of course, the rela-
admitted came in purportedly under this
tors had no valid entry documents and
section and not pursuant to visas. In
could not have obtained them. Had they
the case now before the Court the rela-
possessed such papers they would not
tors were not aliens "applying for ad-
have had to come in by means of § 212(d)
mission to the United Statès." They
(5). An appeal to the Board of Immi-
came in pursuant to a section which by
gration Appeals was an equally vain for-
260 F.2d-39
618
260 FEDERAL REPORTER, 2d SERIES
mality. Upon its rejection of the appeal
543, 70 S.Ct. at page 312). In the
an exclusion order was entered. The
Knauff case a German bride married to
relators challenged the constitutionality
an American soldier in Germany was
of these proceedings by habeas corpus,
excluded.
the main ground being that parole was
In Shaughnessy V. United States ex
revoked without a hearing.
rel. Mezei, 1953, 345 U.S. 206, 73 S.Ct.
Initial and instinctive reaction leads
625, 97 L.Ed. 956, the Court had to deal
to the conclusion that this country, in
with the situation which frequently re-
waiving the entry requirements because
ceived comment in the public press of the
of the Hungarian emergency, should
Rumanian who was on Ellis Island un-
grant to these unfortunate people all
able to enter the United States and
benefits and privileges to be obtained
èqually unable to return to any other
under our Constitution. However, emo-
country in the world. After he lan-
tional reaction should not blind us to the
guished within sight of his hoped-for
fact that our immigration policy has
destination for some twenty-one months
been, and still should be, declared by
his case finally reached the Supreme
Congress, and enforced by such officers
Court which defined the generosity of
of government as are so designated by
Congress toward this alien by saying
Congress. The Supreme Court recently,
that the hardship of staying aboard the
in this very field (to be sure by votes of
vessel "persuaded Congress to adopt a
four to three, and thrice by five to four),
more generous course. By statute it au-
has had occasion to pass upon cases of
thorized, in cases such as this, aliens'
even greater hardship than that now
temporary removal from ship to shore.
presented to us.
But such temporary harborage, an act of
In United States ex rel. Knauff V.
legislative grace, bestows no additional
rights. Congress meticulously specified
Shaughnessy, 1950, 338 U.S. 537, 70
that such shelter ashore 'shall not be
S.Ct. 309, 94 L.Ed. 317, the majority
considered a landing' * *. And this
pointed out that "Admission of aliens to
the United States is a privilege granted
Court has long considered such tempo-
rary arrangements as not affecting an
by the sovereign United States Govern-
alien's status; he is treated as if stopped
ment. Such privilege is granted to an
alien only upon such terms as the United
at the border" (345 U.S. at page 215, 73
States shall prescribe. It must be exer-
S.Ct. at page 631).
cised in accordance with the procedure
As recently as June 16, 1958 the Su-
which the United States provides" (338
preme Court had occasion again to con-
U.S. at page 542, 70 S.Ct. at page 312).
sider the status of parolees in the cases
As to the power to delegate, the court
of Leng May Ma V. Barber, 357 U.S.
continued: "Thus the decision to admit
185, 78 S.Ct. 1072, 2 L.Ed.2d 1246, and
or to exclude an alien may be lawfully
Rogers V. Quan, 357 U.S. 193, 78 S.Ct.
placed with the President, who may in
1076, 2 L.Ed.2d 1252. Although the
turn delegate the carrying out of this
cases involved section 243(h) of the
function to a responsible executive officer
Immigration and Nationality Act deal-
of the sovereign, such as the Attorney
ing with the withholding of deportation
General. The action of the executive
of aliens who "in his opinion" (the At-
officer under such authority is final and
torney General) would be subject to
conclusive." Even if the alien had
physical persecution the decisions turned
gained entry into the United States (and
upon whether "physical presence as 3
§ 212(d) (5) expressly negates entry)
parolee" gave the parolee the status of
"it is not within the province of any
being "within the United States." The
court, unless expressly authorized by law,
Court's conclusion was "that petition-
to review the determination of the polit-
er's parole did not alter her status as an
ical branch of the Government to ex-
excluded alien or otherwise bring her
clude a given alien" (338 U.S. at page
'within the United States' in the mean-
UNITED STATES V. MURFF
619
Cite as 260 F.2d 610
.ing of § 243(h)" (357 U.S. at page 186, the congressional mandate, the adminis-
78 S.Ct. at page 1073). Yet in that case
trative concept of parole, and the deci-
Leng May Ma had been physically pres-
sions of this Court" (357 U.S. at page
ent in the United States for many years.
190, 78 S.Ct. at page 1075).
Having failed in establishing citizenship
In my opinion, the majority in not
by virtue of claiming that her father was
hesitating "to take that forward step"
a United States citizen, she then alleged
namely, to hold "that aliens [such as re-
that deportation to China would subject
lator here] as well as citizens are en-
her to physical persecution and probable
titled to the protection of procedural due
death. The Court noted the law as it
process in deportation proceedings so
was, and apparently still is. "For over
as to include within the protected class
a half century this Court [the Supreme
of persons parolees who have come to
Court] has held that the detention of
the United States as have the Hungarian
an alien in custody pending determina-
refugees of whom appellant is merely
tion of his admissibility does not legally
one of thousands * * has under-
constitute an entry though the alien is
taken (1) to overridé the enactments and
physically within the United States
intent of Congress; (2) to substitute its
(citing cases)" (357 U.S. at page 188,
judgment for the opinion of the Execu-
78 S.Ct. at page 1074). (Emphasis sup-
tive branch of Government; and (3)
plied.) The Court then faced the ques-
to overrule the long line of consistent de-
tion "whether the granting of temporary
cisions of the Supreme Court on this
parole somehow effects a change in the
very subject. The effect of the decision
alien's legal status." Specifically con-
is to remove such aliens from the parole
struing the language of the very section
of the Attorney General and without
here involved (section 212(d) (5)), the
Congressional sanction to place it in the
Supreme Court said "Petitioner's con-
courts.
cept of the effect of parole certainly finds
The creation and administration of in-
no support in this statutory language"
ternational policies including the admis-
(357 U.S. at page 188, 78 S.Ct. at page
sion of citizens of other lands to our
1074).
shores has been vested in the legislative
The majority argues that the fact that
and executive branches of the Govern-
the relator was paroled into this country
ment. Wisely so. Chaos would result
at the behest of the executive depart-
were international policy to be set ad hoc
ment makes this case different or "sui
by individual courts throughout the
generis." But all parolees by definition
country. Even eventual decision by the
are given that status only through the
Supreme Court might be in conflict with
exercise of the executive department's
executive policies in international af-
discretion or its "invitation," to use the
fairs.
terminology of the majority. The parole
In summary, the law is clear both in
here was granted pursuant to the same
statute and decision. Relator, as a
statutory authorization as in Leng May
parolee, in law, has not as yet been ad-
Ma, supra, and is no different in prin-
mitted. The facts are equally clear. He
ciple than the one involved in that case
was admitted "temporarily" and "on
where the Supreme Court showed its
parole." The generous gesture of the
consciousness of this situation by noting
President brought him here. However,
that "The parole of aliens seeking ad-
even the Chief Executive lacks the power
mission is simply a device through which
to annul the laws passed by Congress
needless confinement is avoided while
regulating admission to this country.
administrative proceedings are con-
Thus, for example, the President could
ducted. It was never intended to affect
not lawfully declare that thousands of
an alien's status, and to hold that peti-
aliens could be received as citizens with-
tioner's parole placed her legally 'within
out visas and without complying with the
the United States' is inconsistent with
existing laws prerequisite to citizenship.
620
260 FEDERAL REPORTER, 2d SERIES
The President recognized this lack of
well expressed in the dissent in Let
power when he requested Congressional
May Ma, supra. Were a law enacted the
action to clarify or legitimize the situa-
no one against his will be returned to a
tion of these very refugees.
communist governed country, it would
The majority holds that a hearing in
undoubtedly reflect national opinion. If
this case is a constitutional necessity to
persons presently espousing the comma.
assure "that the discretion of the Attor-
nist philosophy not only can remain be:
ney General shall be exercised against a
participate without restriction in our
background of facts contested in the
national life and institutions, why should
open." But is this not merely stating
not those who have risked much to come
that the courts are to determine how
here not remain? If there be spics
the Attorney General should exercise
whose presence would be dangerous, our
his discretion and to take onto them-
agencies charged with prosecuting en.
selves the power to fix the standards for
emies of the country can deal appro-
such exercise, a function which is and
priately with such cases. However.
should be vested in Congress? Thus
would it not be more fitting and just to
give equal treatment to nationals of all
under the new law (H.R.11033) Con-
nations and races? This court had DO
gress requires a Hungarian refugee to
difficulty in following the laws to the ex.
meet all the qualifications for admission
tent of honoring the opinion of the Im-
listed in 8 U.S.C.A. § 1182, and renders
migration Department and affirming as
ineligible for admission any refugee
order directing the exclusion and the
who, like Paktorovics, allegedly has been
deportation to China of four young men
a voluntary member of the Communistic
who claimed that return meant physical
Party in 1954 (8 U.S.C.A. § 1182(a)
persecution and probable death.2 Yet
(28)). If the existing statutory criteria
these young men had been here and
have continuously applied to Paktorovics
participated in our economic life much
and the other Hungarian refugees and
longer than the relator. When, as, and
are now governing the outcome of the
if the Supreme Court decides, as the
hearing said by the majority to be Pak-
majority here, that the Hungarian refu-
torovics' constitutional right, it was un-
gees are "sui generis," it will not be of
necessary for Congress to enact the re-
much comfort (if any) to Leng May Ma
cent legislation. Moreover, any restric-
or the other Chinese whose deportation
tion of the benefits of the Act to refugees
has been ordered.
who have been in this country for two
years or more under the rationale of
The very reason which moves so many
the majority might well be unconstitu-
aliens to seek our citizenship is the suc-
tional. Furthermore, under the major-
cess in the preservation of the various
ity's rationale it is difficult to envisage a
important freedoms which this nation
situation in which a hearing will not
has had under its Constitution with its
turn the proceeding even farther into
division of powers between the Legis-
the exclusive custody of the courts and
lative, Executive and Judicial branches.
away from the officer designated by
Anomalous, indeed, would it be if, to
Congress.
extend to aliens these advantages, we
The sympathy expressed by the ma-
were to violate these constitutional con-
jority for the plight of the Hungarian
cepts. Furthermore, as the Supreme
refugees must be universal amongst
Court so aptly pointed out in Leng May
freedom-loving peoples. This thought is
Ma to alter by decision the "parole sta-
2. United States ex rel. Lue Chow Yee V.
firmed in a rehearing (247 F.2d 709) in
Shaughnessy, 2 Cir., 1957, 245 F.2d 874,
which this court explicitly rejected the
affirming D.C., 146 F.Supp. 3; Dong
decision of the District of Columbia Cir-
Wing Ott V. Shaughnessy, 2 Cir., 1957,
cuit in Quan V. Brownell, 1957, 101 U.S.
245 F.2d 875, affirming D.C., 142 F.Supp.
App.D.C. 229, 248 F.2d 89, reversed sub
379. Both of these decisions were reaf-
nom. Rogers V. Quan, supra.
BRANNAN V. SOHIO PETROLEUM COMPANY
621
Cite as 260 F.2d 621
tas, would be quite likely to prompt some
signee to go into effect upon expiration
cartailment of current parole policy-
of assigned lease.
intention we are reluctant to impute
Affirmed.
the Congress."
I, therefore, agree completely with
majority in their desire to enable the
1. Trusts 102(1)
Hungarian refugees to remain in this
In ordinary circumstances, mere re-
country but must disagree that their
serving of an overriding royalty inter-
opinion reflects authoritative law as de-
est in assignment of oil and gas lease—
clared by statute or by decision-at least
alone and without more-does not create
at the present moment.
a confidential or fiduciary relationship be-
The trial court in an able and, in my
tween assignor and assignee which de-
minion, accurate analysis of the law has
nies to assignee right to obtain from
ncluded that there has been "no mani-
owner of land a top lease to take effect
Test abuse of discretion" by the Commis-
after expiration of assigned lease free
mioner and that the writ of habeas corpus
of burden of overriding royalty, either
be dismissed. I would affirm that de-
in form of constructive trust or other-
wise.
2. Trusts 102(1)
Where assignors reserving overrid-
ing royalty were also paid a cash bonus
KEY NUMBER SYSTEM
and there was no promise or commit-
ment to drill any well, no such fiduciary
relationship arose as would entitle as-
signors to constructive trust upon lease-
hold estate acquired by assignee to go
into effect upon expiration of assigned
R. BRANNAN and Bessie Brannan,
lease.
Appellants,
V.
SOHIO PETROLEUM COMPANY, a cor-
George N. Otey, Ardmore, Okl. (Otey,
poration, Appellee.
Johnson & Evans, Ardmore, Okl., was
No. 5915.
with him on the brief), for appellants.
C. Harold Thweatt, Oklahoma City,
United States Court of Appeals
Tenth Circuit.
Okl. (Embry, Crowe, Tolbert, Boxley &
Johnson, Oklahoma City, Okl., was with
Nov. 6, 1958.
him on the brief), for appellee.
Before BRATTON, Chief Judge, and
Suit to establish and enforce right
PHILLIPS and LEWIS, Circuit Judges.
to overriding royalty interest in oil and
gas leasehold. The United States Dis-
BRATTON, Chief Judge.
trict Court for the Eastern District of
This case was here on a former occa-
Oklahoma, Ross Rizley, J., 161 F.Supp.
sion, Brannan V. Sohio Petroleum Co.,
155, rendered judgment for defendant,
10 Cir., 248 F.2d 316. As stated on the
and plaintiffs appealed. The Court of
former appeal, the complaint charged
Appeals, Bratton, Chief Judge, held that
that plaintiffs assigned to defendant two
since assignors reserving overriding
oil and gas leases covering lands in Okla-
Toyalty had also been paid a cash bonus
homa; that the leases were for the pri-
and since there had been no promise or
mary term of five years terminating Oc-
commitment to drill any well, no such
tober 25, 1954; that each assignment
fiduciary relationship had arisen as would
reserved to the assignors an overriding
entitle assignors to constructive trust
royalty of one-sixteenth of seven-eighths
upon leasehold estate acquired by as-
of all oil and gas produced from the
APPLICATION OF PAKTOROVICS
813
Cite as 156 F.Supp. 813
3. Aliens -39
Application of Gyula PAKTOROVICS,
Alien outside the country seeking
Szeren Paktorovies, Natasha Paktoro-
in
admission does not do S0 under claim of
vics, Vera Paktorovies, for a Writ of
such
right, but as a privilege granted by the
Habeas Corpus.
the
sovereign only upon such terms as Con-
UNITED STATES of America ex rel.
gress prescribes.
by
Gyula PAKTOROVICS, Szeren Paktor-
ovics, Natasha Paktorovies and Vera
4. Constitutional Law -318
Paktorovics, Relators,
Where alien is treated as being
V.
physically outside the country, due proc-
John L. MURFF, District Director, Immi-
ess required in exclusion proceedings is
gration and Naturalization Service, for
coextensive with the procedure au-
the District of New York, Respondent.
thorized by Congress. U.S.C.A.Const.
the
United States District Court
Amend. 5.
ter
S. D. New York.
5. Aliens -3
Nov. 26, 1957.
An arriving alien's temporary har-
borage ashore pending determination of
Habeas corpus proceeding for re-
his admissibility is an act of grace and
view of the revocation of Hungarian
bestows no additional rights. Immigra-
refugees' temporary paroles, and their
tion and Nationality Act, § 212(d) (5),
subsequent exclusion. The District
8 U.S.C.A. § 1182(d) (5).
th
Court for the Southern District of New
Con
York, Irving R. Kaufman, J., held that
6. Aliens -3
tax
alien's temporary parole was properly
Constitutional Law 252
(b)
revoked because of inconsistent state-
Alien who has been granted tem-
ments and withholding of information,
porary parole under statute has no rights
two
and he was properly excluded for lack of
derived from Constitution, but solely
entry documents, but revocation of
those rights and privileges which Con-
paroles of his wife and children, and
gress sought to confer. Immigration and
their subsequent exclusion, were improp-
Nationality Act, § 212(d) (5), 8 U.S.
er.
C.A. § 1182(d) (5) U.S.C.A.Const.
which
Amend. 5.
Judgment in accordance with opin-
give.
ion.
7. Aliens 54(10)
and
The silence of statutory provisions
1. Aliens -53
for temporary parole of alien and of
Unrest and chaos in Austria result-
applicable regulations thereunder mani-
ing from Hungarian insurrection of
fested intent to withhold a hearing as of
the
1956 warranted temporary parole of de-
right in determination of alien's ad-
and
serving bona fide Hungarian refugees,
missibility. Immigration and National-
GIVEN
and
pursuant to statute, pending such appro-
ity Act, § 212(d) (5), 8 U.S.C.A. § 1182
priate legislation as Congress might
(d) (5).
wife
enact to clarify their status. Immigra-
tion and Nationality Act, § 212(d) (5),
8. Constitutional Law 318
the
8 U.S.C.A. § 1182(d) (5),
Habeas Corpus ©85.4(4)
Evidence in habeas corpus proceed-
from
: Constitutional Law 252
ing established that alien was given suffi-
A resident alien physically present
cient opportunity to explain inconsisten-
in United States is within full protection
cy of statements upon which he obtained
of due process clause, but alien regarded
temporary parole and hence was ac-
in contemplation of law as outside the
corded due process in proceeding for rev-
country is outside the full reach of the
ocation of parole. Immigration and Na-
Fifth
Amendment.
U.S.C.A.Const.
tionality Act, § 212(d) (5), 8 U.S.C.A.
Amend. 5.
§ 1182(d) (5).
814
156 FEDERAL SUPPLEMENT
9. Aliens 54(10)
Ralph Goldstein, New York City, for
In proceeding for exclusion of alien,
gr:
relators. Edward J. Ennis, New York
Ris
officers properly refused to inquire into
City, of counsel.
on
validity of revocation of alien's tem-
Paul W. Williams, U. S. Atty., S. D.,
porary parole. Immigration and Na-
por
New York, New York City, for respond-
ha
tionality Act, § 212(a) (20), (d) (5), 8
ent. Roy Babitt, Sp. Asst. U. S. Atty.,
An
U.S.C.A. § 1182(a) (20), (d) (5).
New York City, of counsel.
up.
Un
10. Aliens -53
IRVING R. KAUFMAN, District
ess
The statute under which Hungarian
Judge.
to
refugees were granted permanent parole
should be construed in light of policy
Relators, Gyula Paktorovics, his wife,
ing
Szeren Paktorovies, and their two minor
fur
of providing permanent resettlement for
daughters are purported fugitives from
victims of Communist aggression, not
par
the terrorism and persecution imposed
tha
as making them mere temporary tran-
upon the Hungarian people by Russia's
and
sients. Immigration and Nationality
brutal suppression of the insurrection
Act, § 212(d) (5), 8 U.S.C.A. § 1182(d)
R
that swept Hungary in the fall of 1956.
(5).
to c
Fleeing to Austria the relators were
to t
11. Aliens -53
there interviewed by American Immigra-
New
The circumstances under which
tion Officers for possible admission into
0
Hungarian refugees were brought into
the United States. Upon request of
tion
United States did not indicate intention
American officials Gyula Paktorovics exe-
the
to waive the requirements of valid entry
cuted a written application in the Eng-
Unit
documents, and hence aliens could be ex-
lish and Hungarian language for parole
viola
cluded after revocation of their tempo-
into the United States for himself and
upor
rary parole, for lack of such documents.
his family pursuant to Section 212(d)
the
Immigration and Nationality Act, § 212
(5) of the Immigration and Nationality
tion
(d) (5), 235(a, b), 236, 242(b), 8 U.S.
Act (8 U.S.C.A. § 1182(d) (5)). This
1225
C.A. §§ 1182(d) (5), 1225(a, b), 1226,
application was approved and the Pak-
alien
1252(b).
torovics family was paroled into the
miss
United States. They arrived here De-
form
12. Aliens -53, 54(10)
cember 24, 1956 and settled in Baltimore
publi
The fact that Hungarian refugee's
where the husband obtained employment
Comi
temporary parole was revoked because
as a milkman.
cluda
of inconsistent statements and withhold-
Beginning in February 1957, the hus-
the f
ing of information did not warrant revo-
band was interrogated on several occa-
past
cation of paroles of his wife and chil-
sions by the officers of the Immigration
ty).
dren, and hence exclusion of wife and
and Naturalization Service. At one of
the
children for lack of documents was in-
these meetings he admitted membership
that
valid. Immigration and Nationality Act,
in the Communist Party from 1954 until
exclu
§ 212(d) (5), 8 U.S.C.A. § 1182(d) (5).
the day he left Hungary for Austria.
confic
When confronted with his application
the e
13. Aliens €53, 54(10)
for parole, executed in Austria, in which
agree
Upon revocation of alien's tempo-
he acknowledged membership in the
suant
rary parole, determination that inter-
Party only up to 1949, the male relator
1226)
ests of alien and his wife and children
conceded the inconsistency and stated
writ (
required preservation of the family
he withheld information of his subse-
was d
unit should be made by wife and children
quent Communist affiliation in fear that
At
themselves, and not by Immigration
such a revelation would result in a denial
tors VI
Service, in revoking their paroles and
of his application. As a result of the
excluding them also. Immigration and
information gleaned from this interview
1. The
Nationality Act, § 212(d) (5), 8 U.S.
the Acting Regional Commissioner for
quer
C.A. § 1182(d) (5).
the South Eastern Region of the Immi-
ice
Infor
APPLICATION OF PAKTOROVICS
815
Cite as 156 F.Supp. 813
gration and Naturalization Service of quiry was confined, over the strong pro-
Richmond, Virginia, entered an order
testations of counsel, to the question of
on August 14, 1957, revoking his tem-
whether the immigrants were in posses-
porary parole upon the ground that he
sion of valid unexpired entry documents.
had misrepresented material facts to the
This question being determined in the
American authorities in Austria bearing
negative, relators were found inadmis-
upon his application for admission to the
sible under Section 212(a) (20) (8 U.S.
United States and ordered that the nec-
C.A. § 1182(a) (20)). An appeal from
essary steps be taken to insure his return
this order was dismissed by the Board of
to Austria. In the interest of maintain-
Immigration Appeals and the relators
ing the family unit, the Commissioner
have been taken into custody for the
further decreed the revocation of the
execution of the exclusion order.
parole of the wife and two children so
By the instant petition for habeas cor-
that they could accompany the husband
pus relators challenge the constitutional-
and father back to Austria.
ity of the above proceedings on grounds
Relators were subsequently taken in-
that: (1) Revocatión of parole without
to custody in Baltimore and transferred
a hearing is a denial of due process of
to the immigration detention station in
law; (2) An exclusion hearing limited
New York to await return to Austria.
only to the question of possession of en-
On August 26, 1957, the husband peti-
try documents is denial of due process of
tioned for a writ of habeas corpus on
law, and (3) Revocation of temporary
the ground that his expulsion from the
parole and attempted exclusion of the
United States without a hearing was a
wife and daughters because of their re-
violation of due process of law. There-
lationship to the husband without as-
upon and prior to the return of the writ
serting any case against them is ar-
the Immigration Service invoked Sec-
bitrary and capricious and denial of due
tion 235(c) of the Act (8 U.S.C.A. §
process of law.
1225(c)), providing for expulsion of an
I shall consider these contentions
alien without a hearing where inad-
seriatim.
missibility is based on confidential in-
I.
formation which would be inimical to
The relators were paroled into the
public welfare and the Acting Regional
United States under Section 212(d) (5)
Commissioner found the relators ex-
of the Immigration and Nationality Act,
cludable under Section 212(a) (28) of
8 U.S.C.A. § 1182(d) (5). That section
the Act. 8 U.S.C.A. § 1182(a) (28) (for
provides as follows:
past membership in the Communist Par-
"The" Attorney General may in
ty). Subsequently upon reexamination
his discretion parole into the United
the Acting Commissioner determined
States temporarily under such con-
that there was sufficient basis for the
ditions as he may prescribe for
exclusion of relators apart from the
emergent reasons or for reasons
confidential information and withdrew
deemed strictly in the public inter-
the exclusion order without a hearing
est any alien applying for admission
agreeing to grant such a hearing pur-
to the United States, but such parole
suant to Section 236 (8 U.S.C.A. §
of such alien shall not be regarded
1226).1 Thereafter, by stipulation the
as an admission of the alien and
writ of habeas corpus seeking a hearing
when the purposes of such parole
was dismissed.
shall, in the opinion of the Attorney
At the 236 hearing at which the rela-
General, have been served the alien
tors were represented by counsel, the in-
shall forthwith return or be re-
1. Thereafter and throughout the subse-
and exclusion and has relied exclusively
quent proceedings the Immigration Serv-
on the alleged misrepresentations and lack
ice has abandoned the use of confidential
of entry documents.
information as a ground for revocation
816
156 FEDERAL SUPPLEMENT
turned to the custody from which
Kwong Hai Chew V. Colding, 1953. 344
he was paroled and thereafter his
U.S. 590, 73 S.Ct. 472, 97 L.Ed. 576.
case shall continue to be dealt with
The alien outside the country seeking
in the same manner as that of any
admission does not do so under any
other applicant for admission to the
claim of right. Admission to the Unite
United States."
States is a privilege granted by the
sovereign United States Government
[1] The unrest and chaos in Austria
only upon such terms as Congress shall
which came about as a result of the in-
prescribe. Consequently, where an alien
surrection of the Hungarian people in
is treated as being physically outside
the fall of 1956, constituted a sufficient
the country, any due process required
emergent reason for the parole of deserv-
in exclusion proceedings is co-extensive
ing bona fide Hungarian refugees, pend-
with the procedure authorized by Con-
ing such appropriate legislation as Con-
gress. Brownell V. Tom We Shung, 1956,
gress might enact to clarify their status.
352 U.S. 180, 182, note 1, 77 S.Ct. 252, I
The initial screening process in Austria,
L.Ed.2d 225; United States ex rel.
designed to select only those deserving
Knauff V. Shaughnessy, supra, 338 U.S.
of refuge in the United States, was con-
at pages 543-544, 70 S.Ct. 309, 94 L.Ed.
ducted under a setting which called for
317; Nishimura Ekiu V. United States.
urgency in relocating the great sea of
1892, 142 U.S. 651, 12 S.Ct. 336, 35 L.Ed.
refugees that had inundated Austria.
1146; Ludecke V. Watkins, 1948, 335
Consequently, this initial screening proc-
U.S. 160, 68 S.Ct. 1429, 92 L.Ed. 881.
ess was by necessity incomplete at best
and it was expected that further screen-
[5, 6] An arriving alien's temporary
ing would be continued in this country.
harborage ashore pending determination
It is relators' contention that revoca-
of his admissibility is an act of grace
tion of the parole provisionally granted
and bestows no additional rights. Where
in Austria, cannot consistent with due
Congress has prescribed that an alien's
process be accomplished without a full-
shelter ashore "shall not be considered
fledged hearing.
a landing" the courts have "long con-
sidered such temporary arrangements
[2-4] In considering the scope of the
as not affecting an alien's status; he is
due process clause in this context, it is
treated as if stopped at the border."
necessary to carefully distinguish a resi-
Shaughnessy V. United States ex rel.
dent alien physically present in the
Mezei, 1953, 345 U.S. 206, 215, 73 S.Ct.
United States who is within the full pro-
625, 631, 97 L.Ed. 956. Since § 212(d)
tection of the constitution and the alien
(5) explicitly directs that parole is not
regarded in contemplation of law as out-
to be regarded as an admission into the
side the country who stands outside the
United States, it must be treated as
full reach of the Fifth Amendment.
simply an enlargement of the bounds of
Compare Shaughnessy V. United States
such shelter ashore. The paroled alien
ex rel. Mezei, 1953, 345 U.S. 206, 73
remains "still in theory of law at the
S.Ct. 625, 97 L.Ed. 956; United States
boundary line" and has "gained no foot-
ex rel. Knauff V. Shaughnessy, 1950, 338
hold in the United States" until lawfully
U.S. 537, 70 S.Ct. 309, 94 L.Ed. 317 with
admitted.2 It follows that any rights 2
2. Kaplan V. Tod, 1925, 267 U.S. 228, 45
85, certiorari granted, 1957, 353 U.S. 981.
S.Ct. 257, 69 L.Ed. 585; United States
77 S.Ct. 1283, 1 L.Ed.2d 141. Those Dis-
ex rel. Lue Chow Yee V. Shaughnessy,
triet of Columbia cases Ng Lin
D.C.S.D.N.Y.1956, 146 F.Supp. 3, af-
Chong V. McGrath, 1952, 91 U.S.App.
firmed, 2 Cir., 1957, 245 F.2d 874; Dong
D.C. 131, 202 F.2d 316 and Quan Γ.
Wing Ott V. Shaughnessy, D.C.S.D.N.Y.
Brownell, D.C.Cir., 1957, 248 F.2d S9 to
1956, 142 F.Supp. 379, affirmed, 2 Cir.,
the contrary have been disapproved by
245 F.2d 875, rehearing granted and re-
the Second Circuit. See Dong Wing Out
affirmed, 2 Cir., 1957, 247 F.2d 769 Leng
V. Shaughnessy, on rehearing, supra.
May Ma V. Barber, 9 Cir., 1957, 241 F.2d
APPLICATION OF PAKTOROVICS
817
Cite as 156 F.Supp. 813
parolee may have are not derived from
351 U.S. 345, 76 S.Ct. 919, 100 L.Ed.
the Constitution but are limited solely
1242. Absent this Congressional intent,
to those rights and privileges which
the relators cannot insist upon a hear-
Congress in its wisdom sought to confer.
ing.³ To argue as do relators that a
[7] I must therefore examine the
right to a hearing should be read into
statutory design of § 212(d) (5) to as-
the statute as the only course consistent
certain whether Congress contemplated
with the tradition and principles of free
a hearing in these situations. If the
government is to flout the meaning we
statutory procedure is followed the rela-
have ascribed to Congressional intent.
tors will have been accorded all the due
Jay v. Boyd, supra, 351 U.S. at page 357,
process required. It is significant in
76 S.Ct. 919, 100 L.Ed. 1242.
this respect that in the Immigration and
However, in this case, I need not rest
Nationality Act, Congress elsewhere pro-
my decision on the absence of Congres-
vided for a hearing procedure in deter-
sional intent to provide an inquiry proce-
mining alien admissibility or excluda-
dure to determine the verity of the al-
bility (Sections 235(a) (b), 236, 242(b)
legations advanced by the Immigration
of the Immigration and Nationality Act,
Service. Here the male relator prior to
8 U.S.C.A. §§ 1225(a) (b), 1226, 1252
revocation was confronted with the evi-
(b)) without making reference to the
dence against him. He was afforded an
temporary parole provisions. The fact
opportunity to explain the inconsistency
that both the parole provisions and the
between the statement in his application
applicable regulations thereunder are
for parole that he left the Party in 1949
conspicuously silent on this point is cer-
and his present admission that he re-
tainly evidence of both a Congressional
entered the Party in 1954 and main-
and Executive intent to withhold a hear-
tained such membership until his de-
ing as of right. See Jay V. Boyd, 1956,
parture in 1956.4
3. Shaughnessy V. United States ex rel.
"Q. Didn't you say that you rejoined
Mezei, 1953, 345 U.S. 206, 73 S.Ct. 625,
the MDP, which is the Hungarian Com-
97 L.Ed. 956; Nishimura Ekui V. United
munist Party, in 1954, and that you were
States, supra; Ludecke V. Watkins, supra,
still a member of that organization when
cf. Williams V. New York, 1949, 337 U.S.
you left Hungary and went to Austria?
241, 69 S.Ct. 1079, 93 L.Ed. 1337. Those
A. Yes, I did say that.
cases which find a hearing required by
"Q. Then why didn't you state on this
due process are distinguishable on the
questionnaire, in answer to question #13,
ground that either Congress or the Attor-
that you had rejoined the Hungarian
ney General has prescribed some pro-
Communist Party, and that you were at
cedures for a hearing or inquiry. Cf.
the time of your escape from Hungary
United States ex rel. Giacalone V. Miller,
still an active member of the Hungarian
D.C.S.D.N.Y.1949, 86 F.Supp. 655;
Communist Party? A. I did not put
United States ex rel. D'Istria V. Day, 2.
that on the application because prior to
Cir., 1927, 20 F.2d 302.
completing this application, a group of us
4. The pertinent exchange of questions and
Hungarians had been talking and we all
answers on July 11, 1957 between relator
decided that it was best to deny being
and inspector for the Immigration Serv-
a Communist or that we were members
ice is reported as follows:
of the Communist Party, because we
"Q. Question #13 on this application
would not get to America.
for parole relates to 'Political Organiza-
"Q. Do you admit that this information
tions' and I notice that the following is
should have been written on your applica-
written on that application, in answer to
tion for parole into the United States?
question #13: 'Involuntary member of
A. Yes, because I knew that if I did not
MKP (MDP) 1947-49. Expelled (49)
put that in the application I would not
and interned (1949-53).' According to
have any trouble.
the information that you have voluntarily
"Q. Do you admit that you wilfully and
given in your interviews, would the an-
knowingly concealed this information
swers to question #13 be absolutely cor-
from the officials of the United States
rect, or is there some information that
Goverment? A. Yes, but I did tell a
should be on there that is not on there?
Hungarian man in the Consul's office."
A. Yes. the answers are correct.
156 F.Supp.-52
818
156 FEDERAL SUPPLEMENT
[8] Though he was not afforded the
dure in exclusion cases made no mention
opportunity of a full-fledged hearing
of revocation of parole. To be sure, the
with the benefit of counsel, I find that
regulations explicitly commit authority
he was given an opportunity to explain
to revoke parole to the Regional Com-
the inconsistency and that the procedure
missioner and not the Board of Immigra-
employed was more than required by
tion Appeals. 8 C.F.R. § 9.5(a) (g)
the statute and, therefore, consistent
(Supp.1957). Under such circumstanc-
with due process. Furthermore, the rea-
es, relator's argument that the Special
}
sons given by the Commissioner for rev-
Inquiry Officer and the Board of Im-
I
ocation of parole, to wit: that the male
migration Appeals should have inquired
relator intentionally withheld informa-
into the reasons for revocation is un-
tion, are reasons which Congress in-
tenable.
tended to make relevant to this type of
[10] Relators next contend that the
procedure.5 While recognizing that cir-
statutory grounds for exclusion, i. e.
cumstances might arise warranting an
lack of entry documents are not applica-
independent inquiry by the courts into
ble to them, inasmuch as they are not
the sufficiency of the reasons given for
upon revocation of parole applicants for
revocation, such circumstances are not
permanent immigration, but are to be
W
present in the instant proceeding. See
treated as temporary visitors, who have
0
United States ex rel. Kaloudis V. Shaugh-
overstayed their visit and who are now
nessy, 2 Cir., 1950, 180 F.2d 489. The
entitled to the broad inquiry provided in
grounds advanced for revocation are suf-
deportation hearings.
fi
ficient on their face to justify the action
While the parole provisions in direct-
taken. There was no manifest abuse of
ing that a parolee shall be treated as
discretion and I am without authority
"an applicant for admission to the
to conduct an independent inquiry into
United States" upon termination of
the merits.
parole do not refer to the type of admis-
II.
sion for which he is to be considered it
Relators' parole having been revoked,
is clear that the purpose of the statute
the validity of the subsequent exclusion
looked toward the permanent resettling
p
hearings remains to be determined.
of these immigrants in the United
at
States. See Message from the President
fo
[9] As noted before, § 212(d) (5)
provides that upon revocation of parole
of the United States on Immigration and
the alien shall forthwith be returned to
Naturalization, dated January 31, 1957.
the custody in which he was paroled and
103 1214-16. To treat these
be
shall continue to be dealt with as any
victims of Communist aggression as
other applicant for admission to the
mere temporary transients to be shunted
United States. If by "application for
from country to country at will is to
contradict the explicit promises and rep-
th
admission" is meant application for per-
manent admission, the non-possession of
resentations which we held out to the
immigration visas or other entry docu-
Hungarian refugees and to the world
5
ments is sufficient in itself for exclusion
at large. It was clearly this country's
purposes. Section 212(a) (20), 8 U.S.
purpose made pursuant to a broad hu-
C.A. § 1182(a) (20). The validity of
manitarian policy to provide a place of
the parole revocation order, therefore,
permanent asylum for these homeless
was properly held outside the scope of
refugees. I prefer to construe the
6.
the exclusion hearings before the Special
terms of the Act in the light of this
Inquiry Officer of the Board of Immigra-
policy.
tion Appeals. Support for this proposi-
[11] The further contention of re-
tion can be found in the fact that Con-
lators to the effect that the facts and
gress in providing for an inquiry proce-
circumstances under which they were
5. The sufficiency of the reasons given for
two children is considered elsewhere in
revocation of the parole of the wife and
this opinion.
APPLICATION OF PAKTOROVICS
819
Cite as 156 F.Supp. S13
brought to this country indicate an in-
merely because the husband has been
tention to waive the documentary re-
found to be persona non grata and or-
quirements is entirely without merit and
dered excluded. True a fatherless fam-
not borne out by the statute. The case
ily may not have been chosen initially
cited by counsel in support of this propo-
for parole into the United States.
sition (United States ex rel. Bradley V.
Nevertheless, Congress must have con-
Watkins, 2 Cir., 1947, 163 F.2d 328)
sidered the possibility that a family
holds no more than that the exclusion
chosen for expatriation might subse-
provisions of the Immigration and Na-
quently lose the services of the head of
tionality Act are not applicable to a
the household through disability or
person entering this country against his
death. To find a legislative intent to re-
will. The relators, not claiming an in-
turn a family from whence it came on
voluntary entry into the United States,
the basis of such a circumstance is to
cannot prevail on this authority.
impute to Congress a most inhumane dis-
Relators were provided with a com-
regard for the individuals concerned.
plete and impartial hearing to determine
Such is the situation at hand. No sub-
their excludability in strict conformity
stantial charge has been lodged against
with the statute. The ensuing exelusion
the wife and two children. The conten-
order was based on the statutory grounds
tion that the interests of all the relators
that relators were not in possession of
require the preservation of the family
entry documents. Congress having seen
unit is a determination that should be
fit to treat such non-possession as suffi-
made by the relators themselves and not
cient reason for exclusion relators were
by the Immigration Service. The wife
not permitted to have other extraneous
and two children should certainly be
matter considered by the Board.
afforded the opportunity of choosing for
themselves whether to voluntarily accom-
III.
pany the husband and father back to
Austria or whether they desire to re-
[12, 13] I now reach the problem
main here. Finding that their parole
posed by the wife and two children. I
was improperly revoked they were not
am of the opinion that the reasons set
subject to exclusion for lack of docu-
forth in the order revoking their parole
ments and as to them the exclusion pro-
are totally insufficient on their face and
ceeding is voided.
as to these relators the order should
The writ of habeas corpus of Gyula
be set aside. Though the scope of judi-
Paktorovics is dismissed. The parole
cial review of an act of discretion com-
revocation order and exclusion order in-
mitted to the Attorney General is mini-
sofar as they refer to the remaining rela-
mal, where the reasons provided are on
tors are improper and must be set aside.
their face capricious and arbitrary and
As to these relators the determination
do not involve considerations Congress
of their parole status is remanded to
intended to make relevant, the interven-
the Acting Regional Director for the
tion of the courts is justified. In this
South Eastern Region for further pro-
case I cannot ascribe to Congress an in-
ceedings consistent with this opinion.
tent to revoke the parole of a family
Settle order.
6. See United States ex rel. Kaloudis V.
be, however, that inasmuch as the ac-
Shaughnessy, supra; United States ex
tions of an administrator are presumed
rel. Partheniades V. Shaughnessy, D.C.
to be executed pursuant to lawful au-
S.D.N.Y.1956, 146 F.Supp. 772; Note
thority the court is powerless in this
Federal Habeas Corpus, 56 Colum.L.Rev.
situation to inquire into the real reasons
551, 560 (1956). I need not consider
behind the Commissioner's decision. In
the scope of review if the Acting Re-
the instant case the presumption of law-
gional Commissioner had omitted to give
fulness is rebutted by the patently in-
any reason for the revocation of parole
valid reasons provided.
of the wife and two children. It may well
Secret
THE ATTORNEY GENERAL
THE JUNTITIA SEAL
Gail 15,1975
mr Phily Bucher,
Impration says there are
catagies -
SECRET
EMERGENCY PROGRAM FOR PAROLE OF REFUGEES FROM VIETNAM
At the President's news conference of April 3, 1975 he stated
1/
that the Attorney General's authority, which had been used several
times since World War II to permit victims of war and persecution to
come to the United States, would be considered for Vietnamese refugees.
In light of past éxperience with refugee programs generated by
varying conditions in foreign countries the following considerations
and recommendations are offered.
1. Time element. The period of time available for moving
refugees out of Vietnam could be severely limited. It
is not unlikely that within a matter of weeks the military
situation will prevent any movement of refugees out of
that country. Alternatively, some orderly movements may
be possible.
2. Potential number of refugees. STATE Department estimates
of potential Vietnamese refugees could run as high as
1,707,000, composed of:
- Vietnamese employees of U.S. and their dependents
164,000
- SENior Vietnamese officials and their dependents
MR 92-47,#14 Dog Hr. 2/17/95
and others closely identified with U.S.
600,000
- Close relatives of U.S. citizens and permanent
DECLASSIFIED
E.O. 12356, Sec. 3.4.
By 14BH NARA, Date 2/23/95
residents
93,000
- FORmer Vietnamese employees of U.S. and their
dependents
850,000
SECRET
- 2 -
3. RElatives of U.S. citizens and permanent residents,
These relatives now in Vietnam are entitled to enter the
United States under present law, if they so wish, and if
proper petitions or applications are submitted on their
behalf provided they are otherwise admissible under the
law. Arrangements are now being made to process and
move these people at the earliest possible date. The
parole authority is and should be used to speed this
process.
4. Bona fide refugees. Included in this category would be
all of those considered by the State Department to be in
the high risk category, and their dependents. The number
could be large.
(a) In the 1950's we paroled some 40,000 Hungarian
refugees into the United States, In the 1960's
we paroled in some 675,000 Cubans into the United
States. In the early 1970's we paroled 3500
Ugandans. In the case of the Hungarians and the
Ugandans other countries in the world took a share
of the total refugees. In the case of the Cubans
the President stated publicly that the United
States would accept all the Cuban refugees who
could get here; a few went in addition to other
countries in the world. This unqualified offer
to accept Cuban refugees enabled CAStro to rid
- 3 -
himself of several hundred thousand of his un-
desirables, including large numbers of dissidents
as well as many who were infirm or aged.
(b) At this time it is the opinion of the Justice Depart-
ment that the United States should be called upon to
accept only a limited and finite number of refugees.
This statement is made in the light of the impact
that would be felt on our economy and our social
structure by the ingress of very large numbers.
(c) Consequently the United States should decide to accept
only a limited number and through all channels and the
United Nations other countries should be urged to
accept a fair share of however many refugees there
may turn out to be.
5. Implementation. The handling of large numbers of refugees
will require:
a. TRANSportation.
b. Screening for health, security, and immigration
criteria.
C.
Staging area in a third country to include
representatives of other countries who will accept
refugees.
d. Reception centers in the United States.
- 4 -
e, Housing, food, clothing, jobs - voluntary agencies,
HEW, and Labor to play the major roles,
f. Funding for all the above.
6. Recommendations.
2. Immediate parole decisions should be made.
b. Immediate relatives of United States citizens
and permanent residents (who are now entitled
to enter the United States under present law)
be paroled to expedite the process. This matter
is being handled now by State and Justice in
cooperation with the White House and appropriate
Congressional Committees.
C. A maximum of 50,000 bona fide refugees or 40% of
the total, whichever is less, be paroled into the
United States. All others to be absorbed by other
countries under the auspices. of U.N. and international
agencies.
:
d. To become permanent residents of the U.S. all in
b. and c. above must meet the full requirements of
the Immigration and Nationality Act.
e. At the proper time, a public. announcement of the foregoing
be made to prevent a mass exodus based on false hopes.
- 5 -
f. If the foregoing, or some modification, are
approved, the several governmental departments
be directed to commence planning accordingly.
[Apri
Office of the Attorney General
TO
SEQUITURE
Washington, n. C. 20530
is
DONORA
JUSTITIA
The Honorable James O. Eastland
Chairman
Senate Committee on the Judiciary
Washington, D. C.
Dear Senator Eastland:
I am writing to confirm our conversation of
last evening regarding the exercise of the parole
authority vested in me to permit the entry into the
United States of certain South Vietnamese and Cambodians.
I am grateful for your co-operation and concurrence in
this matter.
As we discussed, I received late yesterday after-
noon from Henry A. Kissinger, as Special Assistant to the
President for National Security Affairs, an urgent re-
quest for the immediate parole of:
1. Up to 50,000 "high risk" Vietnamese
refugees, and their families. These
would include past and present U. S.
government employees, Vietnamese offi-
cials whose co-operation is necessary
E
for the evacuation of American citizens,
individuals with knowledge of sensitive
U. S. government intelligence operations,
vulnerable political or intellectual
figures and former Communist defectors;
2. Vietnamese nationals who are immediate
relatives of American citizens or permanent
resident aliens, estimated to number be-
tween 10,000 and 75,000;
3. Vietnamese already at Clark Air Force base
provided they qualify as high risk in-
dividuals;
4. Approximately 1,000 Cambodians now in
Thailand who had been evacuated from
Cambodia by the U. S.; and
2 -
5. Approximately 5,000 Cambodian diplomats
in third countries facing forcible re-
turn or expulsion.
The President agreed that parole is desirable for
the foregoing classes. The Senate Committee on the Judi-
ciary was advised in writing on April 18, 1975 of the pro-
posal to parole those listed in categories 2 through 5,
although at that time the request regarding Clark Air
Force base was limited to 100.
We were advised that it was deemed essential to be-
gin at once to assist the departure from Vietnam of appro-
priate individuals if such an effort were to be orderly
and successful. However, there was reluctance to initiate
such a program without the assurance that those so assisted
could, if necessary, be admitted to the United States.
The foregoing was discussed with you and Senator
Hruska and, as indicated, the Departments of State and De-
fense were prepared to assist in providing you with an
immediate briefing on the developments which generated this
request for parole. We greatly appreciate your concurrence
on behalf of the Committee regarding the parole of the
classes described above. Your counterparts in the House
of Representatives also concurred in this proposal and I
have exercised the parole power to authorize the entry of
those classes.
We are advised, however, that every effort will be
made to obtain international assistance for all Vietnamese
and Cambodian refugees and to arrange their resettlement
in third countries.
I regret that events have been such that it was
necessary to take up these matters with you in this manner
last evening. I greatly appreciate your assistance.
Sincerely,
Edward H. Levi
BERALD
Attorney General
Refugos April 19757
Office of the Attorney (5eneral
OUT
SEQUITURE
Washington, D. C. 20530
DOWN
JUSTITIA
The Honorable James O. Eastland
Chairman
Senate Committee on the Judiciary
Washington, D. C.
Dear Senator Eastland:
I am writing to confirm our conversation of
last evening regarding the exercise of the parole
authority vested in me to permit the entry into the
United States of certain South Vietnamese and Cambodians.
I am grateful for your co-operation and concurrence in
this matter.
As we discussed, I received late yesterday after-
noon from Henry A. Kissinger, as Special Assistant to the
President for National Security Affairs, an urgent re-
quest for the immediate parole of:
1. Up to 50,000 "high risk" Vietnamese
refugees, and their families. These
would include past and present U. S.
government employees, Vietnamese offi-
cials whose co-operation is necessary
R. YORD LIBRARY
for the evacuation of American citizens,
individuals with knowledge of sensitive
U. S. government intelligence operations,
vulnerable political or intellectual
figures and former Communist defectors;
2. Vietnamese nationals who are immediate
relatives of American citizens or permanent
resident aliens, estimated to number be-
tween 10,000 and 75,000;
3. Vietnamese already at Clark Air Force base
provided they qualify as high risk in-
dividuals;
4. Approximately 1,000 Cambodians now in
Thailand who had been evacuated from
Cambodia by the U. S.; and
- 2 -
5. Approximately 5,000 Cambodian diplomats
in third countries facing forcible re-
turn or expulsion.
The President agreed that parole is desirable for
the foregoing classes. The Senate Committee on the Judi-
ciary was advised in writing on April 18, 1975 of the pro-
posal to parole those listed in categories 2 through 5,
although at that time the request regarding Clark Air
Force base was limited to 100.
We were advised that it was deemed essential to be-
gin at once to assist the departure from Vietnam of appro-
priate individuals if such an effort were to be orderly
and successful. However, there was reluctance to initiate
such a program without the assurance that those so assisted
could, if necessary, be admitted to the United States.
The foregoing was discussed with you and Senator
Hruska and, as indicated, the Departments of State and De-
fense were prepared to assist in providing you with an
immediate briefing on the developments which generated this
request for parole. We greatly appreciate your concurrence
on behalf of the Committee regarding the parole of the
classes described above. Your counterparts in the House
of Representatives also concurred in this proposal and I
have exercised the parole power to authorize the entry of
those classes.
We are advised, however, that every effort will be
made to obtain international assistance for all Vietnamese
and Cambodian refugees and to arrange their resettlement
in third countries.
I regret that events have been such that it was
necessary to take up these matters with you in this manner
last evening. I greatly appreciate your assistance.
Sincerely,
Edward H. Levi
Attorney General
LAW OFFICES
LANE AND EDSON, P.C.
Evacuees
SUITE 707
BRUCE 3 LANE
1025 CONNECTICUT AVENUE
TELEPHONE (202) 432-9300
CHARLES : EDBON
CABLE ADDRESS LIBRA
WASHINGTON D. C. 20039
TELEX 54448
BOWARD = BERNOWITZ
HERBERT M. FRANKLIN
OF COUNSEL
DAVID FALK
STEPHEN C.GLASSMAN
FRANK H. PEARL
ARTHUR R.HESBEL
JOHN H. BETZ
RICHARD N. TAGER
ALAN G. ROSENBERG
April 2, 1975
SUSAN J. LUTZKER
HAND DELIVERY
Philip W. Buchen, Esquire
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
I am writing at your suggestion, made in your telephone con-
versation yesterday with my partner, Bruce Lane, and myself. The
deterioration of the military situation has progressed so rapidly
in South Viet Nam that since our conversation, Camranh City, the
home of the little girl of whom we spoke, has in fact been captured
by the North Viet Namese and clearly any evacuation of the girl
is most likely impossible at this time.
For your information, I thought I would explain in more detail
the circumstances that prompted our telephone call. My brother-in-
law, Anton Anderegg of Boring, Oregon, served as a para-medic in
Viet Nam in the years 1970 and 1971. During that time he was
stationed at Camranh Bay and made the acquaintnace of the young
girl named Vuong Le Thu who lived in the Camranh Bay Christian
Orphanage. In the course of his tour of duty there he undertook to
help the young girl both personally and financially and continues
today to pay her support in the orphanage. About a year ago, Mr.
Anderegg began corresponding with Mr. Ha, the director of the orph-
anage, in an attempt to adopt the little girl and have her brought
to the United States to live with his family. For a variety of
reasons he was unable to make any progress toward this goal.
We had hoped, when we spoke to you, that some steps might be
taken to expedite her transfer to the United States and the adoption
by the Andereggs. We, of course, understood that many Americans
and other South Viet Namese who were in imminent danger had to be
evacuated from South Viet Nam on a priority basis, and we did not
expect that Vuong would preempt any air accommodations.
Philip W. Buchen, Esquire
April 2, 1975
Page Two
Unfortunately, the problem seems to have become moot, due to
the capture of Camranh Bay by the North Viet Namese this morning.
The Andereggs join Bruce Lane and me in thanking you for the
consideration you have shown in this matter.
Very truly yours,
Frank H. Pearl
April 3,75
Fm.4 Nat
ins.V.
Spouses schildren, of ros. aligns 10,000 - 75,000
Potential # of refuges
State 1,707,000
-V. - employees of U.Saden 164,000
- Sentor officials&fomilies 600,000
- Close relatives of
43,000
U.S. citizone
- former U.S. employees
850,000
orphan
1,434 o nfaios undo
BERALD R FORD
5:00 p.m.
Friday, April 4, 1975
Dr. Marrs called to let you know that Cong. Eilberg will
attempt to hold hearings on the policies of the U. S.
Government in regard to evacuation of people from South East Asia,
with the State Department and the Immigration and Naturalization
Service on Tuesday, April 8.
Also, he advises that a PanAm 547 with 500 passengers aboard is
expected at 11:00 p.m. Saturday night in Seattle. 400 of the
passengers are children; 100 documented adults.
STATE n FORD LIBRARY
Evacuees
Friday 4/4/75
12:40 Yul Brynner called to thank you very much for
your help with the airlift.
DERALO FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
4/2/75
and Buchen
on BERALD
talked to her Rowell
/
at State 632-0751
Talked to Ted marring
who will call
you Brynner
4/2/75
4:30 Yul Brynner called from his dressing room
(617) 426-9291
and would appreciate a call back.
He is with an organization called "Friends for
All Children" ADRR Dept. of State
Said they had a donation from AID for $100, 000 ??
for ophans of Vietnam. The situation is desperate
for Saigaon. They have 500 kids already adopted
waiting for the legalization of papers. Supplies
are at the minimum.
He said you and he talked about this at lunch at the
Swedish Embassy? ? and you said if there was ever
anything he/ddd you could do to help to let him know.
He said what they really need is an airlift by a 747 from
Saigon to the United States -- to Oakland or Denver --
with even temporary visas for the kids who are to be
adopted by Americans, Europeans, Canadians, etc.
They're looking for places for the kids.
He would appreciate a call.
SERAID E. Your
DEPARTMENT OF STATE
WASHINGTON
SECRET
Dear Mr. Attorney General:
Communist overrunning of Cambodia and South
Vietnam will make refugees out of many Cambodians
and South Vietnamese associated with the present
governments of those countries and with the United
States. These people will face death or persecu-
tion from the communist elements if they remain in
Cambodia or South Vietnam or if they are presently
outside of those countries and return.
There are three categories of such refugees:
(1) South Vietnamese and Cambodians in the United
States who have well-founded fear of persecution if
they return to their countries of nationality.
These are likely to request asylum from the Immi-
gration Service which we presume will be granted.
(2) South Vietnamese and Cambodians in third countries
who are unable to remain in these countries or who
may face the threat of forcible return to their
countries of nationality. (3) South Vietnamese and
Cambodians who face death or persecution by communist
elements because of their association with the United
States Government or their own governments and must
leave their countries of nationality. We estimate
there are conservatively 200, 000 to whom the United
States Government has an obligation and the number
may run to many times that number. We hope that many
will be able to resettle in third countries but this
may not be possible.
The Honorable
Edward H. Levi,
Attorney General.
DECI ASSIFIED
E.O. 12355, Sec. 3.4.
MR 92-51, #15, state ltr. 1/14/93
By 18H NARA, Date 3/16/93
SECRET
SECRET
- 2 -
Because of our deep involvement in Vietnam and
Cambodia, these people will look to the United
States for resettlement and I believe we have an
obligation to receive them. Because of the time
involved, I do not believe it will be possible to
obtain special legislation from the Congress in
time to permit their entry into the United States,
although such legislation may well be forthcoming.
Therefore, parole under Section 212 (d) (5) of the
Immigration and Nationality Act appears to be the
only alternative. Such parole clearly meets the
emergent reasons and public interest provisions of
the Immigration and Nationality Act.
Therefore, I request that you exercise your
parole authority under Section 212 (d) (5) of the
Immigration and Nationality Act to permit the entry
of the above categories of refugees.
If you agree with this proposal, officers of
the Department will be in touch with your designees
to discuss its implementation should that become
necessary.
Sincerely
Robert S. Ingersoll
Acting Secretary
SECRET
OPTIONAL FORM NO. 10
JULY 1973 EDITION
GSA FPMR 141 CFR) 101-11.6
UNITED STATES GOVERNMENT
Memorandum
CO 212,28-P
Edward H. Levi
SECRET
TO
: Attorney General
DATE:
Department of Justice
APR 7 1975
FROM : L. F. Chapman, Jr., Commissioner
DECLASSIFIED
Immigration and Naturalization
E.O. 12356, Sec. 3.4.
R 92-47,716 Dog Hr. 2/19/95
SUBJECT: Refugees from South Vietnam and Cambodia
By KBH NARA, Date 2/23/95
Attached is a letter dated April 5, 1975 from the Acting Secretary of
State, Robert S. Ingersoll, concerning the plight of South Vietnamese
and Cambodian refugees. Although the letter is addressed to you, it
was delivered to me this past weekend because of the urgency of the
matter. In view of the need for expeditious consideration, I am fur-
nishing my comments herewith.
With regard to South Vietnamese and Cambodian citizens in the United
States who potentially have a well-founded fear of persecution if they
return to their countries of nationality, the Service has issued instruc-
tions that no action shall be taken to require the departure of such
persons. It is estimated that there are about 13,000 in the United
States.
In the cases of South Vietnamese and Cambodians in third countries who
are unable to remain in those countries or who may face the threat of
forcible return to their countries of nationality, of relevance is
Article 33 of the United Nations Convention relating to the Status of
Refugees (TIAS 6577), to which the United States is a signatory. All
signatory countries should be urged through diplomatic channels and
through the United Nations to fulfill their obligations under the Con-
vention in a spirit of generosity and compassion.
The most sensitive and urgent aspect relates to the South Vietnamese
and Cambodians who remain in their countries and face death or persecu-
tion by the Communists because of their association with the United
States Government or their own governments unless they can leave. The
estimated number of such persons is large. Under section 203 (a) (7) of
the Immigration and Nationality Act, 8 U.S.C. 1153(a) (7), a refugee is
defined as a person who has fled from a Communist or Communist-dominated
country or area, who must make his application for entry to the United
States in a non-Communist country or area. This statute provides a
limited and leisurely procedure which is not practical during an
emergency. Moreover, it authorizes the entry of only 10,200 refugees
annually. If these refugees are to be saved the rescue must be ac-
complished before the non-Communist areas of those countries are overrun.
Therefore, the only solution to the problem is under the Attorney General's
parole authority, section 212(d) (5) of the Act, 8 U.S.C. 1182 (5).
Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan
5010-110
-2-
The parole authority has been exercised for over 30,000 refugees from
the Hungarian Revolution of 1956 and for over half a million Cuban
refugees pursuant to Presidential directives. In view of the large
numbers of potential South Vietnamese and Cambodian refugees, it is
urged that the use of the parole authorization for them be considered
at the highest level of Government and in consultation with the ap-
propriate Committees of both Houses of Congress.
The political and military situations in Phnom Penh and Saigon are es-
sentially different. Lon Nol has left Cambodia, the fighting in that
country is reduced to an area comprising the capital city and its air-
port, and it is nearly every man for himself.
Although South Vietnam has suffered staggering losses of territory,
General Thieu remains at the helm of the government, there is still
room for maneuvers and there is the possibility that the war there
may continue for a much longer time than in Cambodia. Under these
circumstances the United States Government may find itself at cross
purposes with the government of South Vietnam if it seeks, at an
earlier date than one agreed to by General Thieu, to remove large
number of persons who have been supporters of the Thieu government.
Recommendations:
(1) Those in the United States: The Service has the matter under
control and no further action by you is required.
(2) Those in third countries: Appropriate representations should be
made by the State Department to the host countries and to the
United Nations.
(3) Those in South Vietnam and Cambodia: The problem should be
brought to the attention of the President and any formal decision
which involves movement into the United States en masse should be
discussed with leaders of both Houses of Congress.
Attachment
Enspment
SECRET
THE WHITE HOUSE
WASHINGTON
April 7, 1975
Dear Mr. Attorney General:
After reviewing the recent Ingersoll letter to you
and the Memorandum of April 7 to you from L. F.
Chapman, Jr., I believe the Ingersoll letter overlooks
the Congressional intent concerning the use of Section
212 (d) 5 of the Immigration and Nationality Act and that
the Chapman Memo does not fully reflect the problems.
Recently, I had occasion to ask the Office of the Commis-
sioner of Immigration and Naturalization Service to
prepare a suggested reply for me to send to a group
concerning the application of that section, and I enclose
a copy of that letter which went out over my signature to
Dr. Joseph R. Julia. Particularly of note is the excerpt
from the Report of the House Committee on the Judiciary
which is contained in the enclosed letter.
I also inquired into the situation of the treatment of
Hungarian refugees in 1956 and enclose a copy of President
Eisenhower's Message to the Congress and the Act which was
passed as a result of this Message. However, the action
reported in the Eisenhower Message was taken before the
1965 amendments and before the expressions of Congressional
intent contained in the House Report on the 1965 amendments.
Sincerely,
Philip W. Buchen
Counsel to the President
DECI
The Honorable Edward H. Levi
E.O.
Attorney General
Department of Justice
White House Yundelises
Washington, D. C. 20530
By
KBH NABA, Date 6/2/97
Enclosures
SECRET
1214
CONGRESSIONAL RECORD
January.,29
to do so.in that vague area designated as
to spend these huge sums of money and
lying the tension existing in the Middle
the general area of the Middle East.
to send our soldiers into war when he
East.
While the resolution strips Congress
decides to do so.
We are granted no information by the
of its authority, it places the actions of
These are some of the reasons why I
executive department as to the manner
the President under the authority of the
shall oppose this rule and the resolution.
in which this resolution, or the imple
United Nations, and the Security Council
Mr. LOSER. Mr. Chairman, under
mentation of it, might help to solve such
of the United Nations, in which body
leave granted Members of the House to
basic diplomatic challenges as the Arab-
Russia may exercise the veto power any
extend their remarks in the RECORD rela-
Israel controversy, the resettlement of
time it sees fit to do so.
tive to the joint resolution to authorize
refugees, the reopening of the Suez Canal
In his message to the joint session of
the President to undertake economic and
with adequate guaranties for the interest
Congress the President asked that he
military cooperation with nations in the
of its users. We are told that the primary
be given unrestricted power to spend
general area of the Middle East, I desire
reason for the withholding of such advice
$400 million in this vague, undefined
to make these observations on the ques-
is "security," and the secondary reasons
area. If the resolution passes, I expect
tions involved.
are to avoid embarrassment to ourselves
he will spend many times that sum be-
I am convinced that the primary pur-
and to our allies.
fore the spending is stopped. Our Con-
pose of the United States in its relations
Under ordinary circumstances, most of
stitution and our form of government
with the Middle East countries is to de-
us would be constrained, indeed, we
contemplates that Congress shall hold
velop and sustain a just and enduring
would look upon it as our duty to suspend
the purse strings of the Nation. It is
peace within the framework of the
legislative judgment until full and com-
to the best interest of the taxpayers and
United Nations Organization. I am fur-
plete revelation of evidence upon which
to the American people that Congress
ther convinced that the peace of the
to base an intelligent and justifiable
keep control over the funds spent by our
world and the security of the United
legislative action had been made.
Government. It is a complete abdica-
States are endangered by international
However, the President himself has as-
tion of responsibility for Congress to vote
communism.
away this power over the purse. It does
sured us that the circumstances prompt-
I shall therefore support the resolution
ing his request of this resolution are not
not belong to me as Representative from
reported on favorably by the House Com-
my district to give away this power. It
normal, and I think that most of us, as
mittee on Foreign Affairs.
is not mine to give away. This power
well as a great majority of the people of
It is obvious that the authority sought
belongs to the people I represent. No
this country, are impelled, therefore, to
by the President is in the general interest
matter how much I may admire the
fully rely on the President's experience.
of the United States. It is not a par-
President, that admiration does not jus-
knowledge, and judgment, most
tisanship matter. The general interest
larly. in military matters.
tify my voting away my constituents'
of the United States transcends every
voice in this Government insofar as
Furthermore, the endorsement of the
other interest of our national life.
spending of money is concerned.
Chief Executive to employ the Armed
The Constitution provides that Con-
This resolution represents affirmative
Forces of the United States as he deems
gress has the power to declare war. Un-
action on the part of our leaders in the
necessary is, in the judgments of the best
der that provision of the Constitution
overall interest of peace. While it is a
qualified experts, only congressional
every congressional district in this coun-
calculated risk, it is a calculated risk
emphasis upon a power the President al
likewise to remain inactive.
try has a voice, through its Representa-
ready possesses.
tive in the House, in deciding the serious
Located within the area encompassed
Blanket authorization for the Chief
question as to whether war will be de-
by the resolution is the cradle of civili-
Executive to cooperate with any Middle
clared or not. Each State, through its
zation. To permit or to stand idly by
East nation in the development of their
two Senators, has a voice in determining
while the hordes of communism and
economic strength, when they desire
whether war will be declared. The peo-
atheism trample upon the soil made holy
such cooperation, seems somewhat con-
ple have that vested right to participate
by Him who came to save the world
tradictory to the administration's virtual
through their Representatives and Sen-
would be well-nigh intolerable.
challenge to cut the budget wherever the
ators in deciding the question whether
Of course, it is with great reluctance
Congress feels it can be done without
this country will go to war or not. If I
that I think about supporting a move
hurting any essential interest or service,
should vote for this resolution, and place
that might result in a world conflagra-
In effect, this part of the resolution
the decision of that vital question in the
tion. However, the resolution has the
requests us to remove previously accepted
hands of the President alone, it would
support of the President of the United
restrictions on the spending of some
be an abdication of my responsibility as
States, the Secretary of State, the lead-
$200 million that has already been ap-
a Congressman.
ership of the House of Representatives,
propriated. Certainly it is questionable
Little by little Congress has voted
both the majority and the minority, and
as to whether any legislative body could
away its powers and responsibilities.
the military authorities of the Nation.
sensibly recommend budget reductions
Time after time by its votes Congress has
It is the consensus by all who should
if they are not provided with informa-
frittered away constitutional rights of
know these matters that the security of
tion as to how and for what specific pur
the people and made itself a rubber-
the United States and of the free world
poses the taxpayer's money is to be spent.
stamp of the Executive. Some of its
would be seriously endangered if the
However, on this phase of the matter.
powers have been usurped both by the
Middle East should fall under the domi-
I understand that the Secretary of
executive and judicial departments.
nation of international communism.
State has very recently agreed, before
With the passage of time, our Congress
During the past decade, our people
the Joint Senate Foreign Relations and
may become as much a rubberstamp as
have made vast sacrifices for the recov-
Armed Services Committees current
Hitler's Reichstag. In my judgment a
ery of Europe, both economic and mili-
hearings, to accept a provision stipulat-
vote for this resolution is another step
tary. Should the Middle East fall under
ing that none of the economic author-
in that direction.
the control of international communism,
ization could be actually used until 15
Mr. Chairman, I think that if I should
our efforts over the years would be nulli-
days after congressional committees have
vote for this resolution, it would be a
fied.
been informed of "the object of proposed
vote to evade my responsibility as a Mem-
For these reasons, I shall support the
expenditure and the country in which
ber of this body; a vote to evade my re-
resolution.
it is proposed to use such authority."
sponsibility for the spending of tax-
Mr. DONOHUE. Mr. Chairman, it ap-
There is no doubt, of course, that the
payers' money, and a vote to evade my
pears that there has been no piece of
closest and most effective coopera
responsibility for a war which would, of
legislation before the Congress in recent
between this body and the executive
course, involve the lives and limbs of
years that has caused the Members as
department should be promoted in our
American soldiers.
much patriotic and conscientious reflec-
common patriotic purpose of containing
No facts have been made known to
tion as this resolution requested by the
the spread of international communism
me why I should vote to abdicate my
President.
and particularly in the Middle East area.
responsibility as a Representative to
The resolution, as proposed by the
Any unnecessary display of great dif-
place the functions of the Congress in
administration, does not contain any
ference or serious controversy on this
the hands of the President, and to vote
factual plan or detailed program de-
matter between our two departments of
blindly to give him unrestricted power
signed to solve the grave problems under-
government could very probably be most
1957
CONGRESSIONAL RECORD
1215
effectively used by the devilish propa-
withdrawal from the stategic points in
to warfare, jeopardized the western al-
ganda machines of the Kremlin.
question will not place her in the same
liance and dealt Europe a deathblow in
Although some of us must conscien-
vulnerable position as before and per-
diplomatic and economic fields. The
tiously retain real doubts, in the absence
mit Egypt to resume its warlike acts
United Nations has neither the means
of precise and detailed information, on
against her. Egypt's persistent harass-
nor power to solve these problems.
the absolute necessity for this resolution,
ing of Israel went unnoticed by the
Our national policy is indefinite and
the Chief Executive implies by his re-
United Nations; Egypt has been em-
incomplete. I have no wish to act as a
quest that the administration officials
boldened by the unconditional support
rubber stamp on a blank check. Con-
assume full. and complete responsibility
it has found in the General Assembly
gress is being asked to give blanket au-
for their proposals.
and rejects all the proposals for peace
thority to spend $400 million within 2
Inasmuch as the substance of the reso-
and for assurances of Israel's security.
years for economic aid. I think it is im-
lution is an expression of trust and con-
The United Nations tells Israel what to
perative that we demand complete and
fidence in the Presidential judgment,
do, but it finds it impossible to negotiate
detailed information as to just how,
and to avoid the danger of any vicious
with Nasser. So far, United Nations ef-
when, and where this money is to be
Communist distortion of disagreement,
forts have been ineffectual and have
spent. We must be assured that our
I feel that the resolution should be sup-
failed to better conditions in the explo-
money will go to the nations truly in need
ported, and I earnestly hope the Chief
sive Middle East situation, the strife has
and will be used to the best advantage;
Executive and administration officials
continued for far too long.
we must make certain that huge sums
will reveal their full justification of it
It is evident that the United Nations
will not find their way to the treasuries
at the earliest opportunity for the under-
must be prevailed upon by the United
of nations who do not need or truly want
standing of the American people.
States to play a greater and more pro-
our help and where no permanent good
Mr. DOLLINGER. Mr. Chairman, I
ductive role than it has in the past. So
can be hoped for. We must not be scared
am certain that many of my colleagues
far, the United Nations has been power-
into parting with $400 million when
feel, as I do, that this is one of the gravest
less to prevent the raids and acts of ag-
Dulles says that we either pay or lose the
moments of history in our lives. We
gression against Israel, who has begged
entire area, he admits complete failure
are called upon to act upon the Presi-
for peace; it has stood helpless when
as Secretary of State as well as having
dent's request for authority to defend
Egypt forbade transit through the Suez
been derelict in his duties in the past
the Middle East against Soviet aggres-
Canal to Israeli ships; it has made no
when he should have safeguarded our in-
sion. We are called upon to negate the
headway with Nasser, who remains ag-
terests and prevented the debacle we now
mumblings, fumblings, and stumblings
gressive and uncompromising in his de-
witness. The payment of mere money
of our administration, and more partic-
mands. Therefore, we must realize that
now cannot perform the miracle he
ularly, those of our Secretary of State in
when we say we stand behind the United
hopes for.
the vital field of foreign relations dur-
Nations we are evading our responsi-
ing the past 4 years. The world may
bility, for the United Nations is only as
We have no assurance that Israel, pau-
little know or long remember what we
strong as we make it. It is our duty to
perized by the constant threat of Egyp-
call upon our President and Secretary
tian military aggression, would receive
do or say here in this time or crisis, be-
of State to pursue to the utmost and
any of our bounty. In order to defend
cause unless we abandon our present
with all their powers, a definite and firm
the Middle East against Communist ag-
course of wishful thinking and our blind-
policy in the United Nations, to the end
gression it will take more than money.
ness to the real issues, there may be no
that that body will take immediate
It means our taking the lead in solving
world.
measures to bring about peace in the
the problems which invite Communist
The President's plan has been termed
many things-among them "a begin-
Middle East.
penetration and aggression. So far our
The resolution before us does not be-
score in this regard is zero.
ning" to end the difficulties in the Mid-
die East. Now, to my mind, a begin-
gin to touch or solve the real problems
The House Foreign Affairs Committee
of the Middle East; it offers no help
has recommended that positive and com-
ning signifies a foundation, a strong
basis upon which to rest future hopes
as to how we shall deal with Nasser or
prehensive measures for dealing with the
and accomplishments. In view of exist-
the pouring of Communist arms into the
fundamental problems of the Middle
ent facts, to me the President's proposal
Middle East.
East should be prepared and presented
I wish to make it clear that I do not
by the Executive to the United Nations
represents only a parchment canopy-
consider it necessary for the President
and to the Congress. The suggestion has
with golden inscriptions of promises-
with no true foundation or props to keep
to come to us for permission to exercise
also been made that we should go to the
it earthbound or stable.
authority which is vested in him by the
United Nations and encourage the for-
There can be no real peace in the
Constitution and which is already his.
mation of an adequate security force to
world until the differences between
It is apparent that the administration
handle overt aggression anywhere in the
Egypt and Israel are settled; until such
actually has no definite plan of action
world, and specifically Communist ag-
problems as recognition of Israel by
in the Middle East; that we do not know
gression in the Middle East. I agree that
Egypt as a free state, resettlement of
the geographical area in which it pro-
a congressional expression of opinion
Arab refugees, reopening of the Suez
poses to use the powers requested. So
would be of tremendous value in pro-
Canal with the establishment of ade-
far, it has refused to specify the means,
moting such a force.
quate safeguards for the interests of the
military or economic, which it proposes
I repeat, it is the duty of this Con-
users, are solved. The President's plan
to use. Also, it is evident that the ad-
gress to face its responsibility and to
would leave these vital problems entirely
ministration's request is not based upon
make recommendations governing our
up to the United Nations. Yet, at this
specific appeals to our Government from
policies and actions in the Middle East.
point, there is a new deadlock between
the nations threatened, or from our At-
Most important is the necessity of end-
Egypt and Israel. The General Assem-
lantic allies, for the kind of operations
ing the conflict between the Arab States
bly, in disregard of Egypt's prior guerrilla
proposed in the resolution. This is,
and Israel, and this means preserving
and blockade war against Israel, waged
therefore, a different proposal from any
Israel's rights, her integrity as a free
in deflance of the armistice agreements,
with which we have ever been con-
nation, her right to her own ports free
of international law, and of the United
fronted. The vagueness which shrouds
of blockade and equal rights to use the
Nations' own decisions, calls on Israel for
the proposal before us must be dispelled,
canal with other nations.
a complete and unconditional with-
its inferences clarified, and possible re-
In days past, nations went to war,
drawal of its forces to the armistice
sults studied and weighed.
thousands or millions of lives were lost,
lines, without bringing Egypt to terms as
It is maintained that the proposed res-
parent and loved ones bereaved, and
well, or assuring Israel's national safety.
olution is primarily designed to deal with
finally those in power gathered about a
In view of the fact that arms poured into
the possibility of overt Communist ag-
peace table and came to terms. In this
Egypt from all sides and we denied Israel
gression. As former President Truman
atomic age, this procedure cannot be
any arms assistance at all, and she was
states, it does not face up to the other
risked. We must talk and achieve peace
left defenseless and at the mercy of ene-
vital problems of the Middle East, such
before the shooting begins in earnest.
mies who had sworn to destroy her, Is-
as Cyprus, Israel-Arab tensions, and the
Recently, I suggested to the President
rael refuses to accede to the demands
Suez Canal. Yet, these problems be-
that he request Nasser and Ben-Gurion
until she receives firm assurance that its
cause of our own laxity in the past, led
to come to Washington to try to work
1216
CONGRESSIONAL RECORD -HOUSE
January 29
out a solution to their differences so that
by or tolerant of any future aggressive
slave labor is legally recognized in Arabia,
peace might be achieved and the threat
or vicious acts against defenseless and
strikes and union organizations are not.
of world conflagration dispelled. I was
peace-loving nations; that we take stock
In fact, according to a report from the
informed by the State Department that
of our terrible losses during the past 4
International Confederation of Free
the moment was not propitious. In view
years in the field of foreign relations
Trade Unions, striking Arabian workers
of the ever mounting tensions, Soviet
and diplomacy; that we take action to
in the Aramco plant were subjected to
overtures and victories in the cold war,
improve our status and to assure our-
horrible tortures and over 500 of these
just when do the President and Secretary
selves of a few victories in the cold war
workers were imprisoned for daring to
of State intend to act? When the Mid-
instead of being hoodwinked into com-
strike. These workers were imprisoned
dle East is completely under Soviet domi-
placency and then shocked by the in-
under a decree issued by Saud's govern.
nation? When Russia has brought off
evitable loss.
ment in June of 1956.
her greatest coup of all-when our eco-
Let us have intelligent and affirmative
We also find that in this country our
nomic life, at least, has been destroyed?
action and less mystery and deception.
troops in the armed services are forbid-
I call attention to suggestions made
Let us resolve to win our battles in for-
den to attend Roman Catholic services
by Truman in his statement to the House
eign relations not with money, but with
in any form and Jewish members of the
Committee on Foreign Affairs, which I
astuteness, honor, and vision-strong in
Armed Forces are not sent to Saudi
think are excellent and which I trust will
our belief that right must prevail.
Arabia because of possible embarrass-
have the earnest consideration of this
Mr. SHELLEY. Mr. Chairman, here I
ment to the Government.
body:
stand today as one who has always voted
That we take into account the follow-
In the face of such conditions in Saudi
for foreign aid, mutual security, and gen-
ing factors: one, the adequacy of our
Arabia and similar conditions existing in
eral international cooperation with our
military forces to act in the Middle East
many other countries of the Middle East,
friends. Today I voted against the mo-
in such a way as to repel aggression
are we now going to extend millions of
tion for the previous question on the rule
dollars in economic aid and possibly send
without bringing about atomic war; two,
for discussion of the President's proposal
troops into these countries to fight when
the importance of acting in the Middle
for a Middle East program. Here we
East not only through the United Na-
these countries still live in the Middle
have one of the major issues of our time
tions but also in concert with our princi-
Ages and publicly proclaim their lack of
and it comes to us under a "gag rule,"
pal allies; three, the necessity of bring-
faith in democracy and individual free-
which limits and shortens debate and
dom? It is my plea that the adminis-
ing about an increase in the productive
prohibits any Member offering an
economic power of free nations over a
tration look with searching examination
amendment.
long period of time not only in the Mid-
into each of the many applications for
Mr. Chairman, I have in my hand an
die East but elsewhere, in order to bal-
funds they are about to receive and
amendment I was prepared to offer. All
ance the mounting economic power of
hold back money from any country that
I can do now is submit it for the record
the Communist bloc; four, the desira-
practices slavery, slave labor or any other
and hope it may generate some thinking
bility of bringing to an end the shipment
form of involuntary servitude. Unless
by our people as to where we are going
of arms into the Middle East particularly
these funds are used among the people
by Russia, and eventually by all na-
and the extent to which we are resorting
themselves and not by the rulers, the
to expediency.
tions; five, the desirability of expending
propaganda of international commu-
Here is the amendment I wished to
nism cannot be beaten.
and strengthening the United Nations
forces in the Middle East for the purpose
offer:
Mr. Chairman, I have expressed my-
of stopping the chronic state of guerrilla
Amendment offered by Mr. SHELLEY: On
self on one phase of this resolution. It
war on the borders of Israel and making
page 4, line 3, after "1957" strike out the
is my sincere hope that the other body
the Suez Canal a guaranteed interna-
period and insert "Provided further, That,
will give it the open debate which it re-
tional waterway, open to all.
no part of the money so available shall be
quires and add to it such corrections as
It is also necessary for the United
used for the benefit of any nation or group
are vitally necessary. To facilitate this
of nations which permit human slavery, slave
States to let it be known that Israel is
result, I am voting for the resolution
labor, peonage, or involuntary servitude
here to stay. No one here can doubt
within their borders."
even though I did not have the opportu-
that Israel wants peace. She should be
nity to amend it on the floor of the House.
helped-not hindered-in her efforts to
Mr. Chairman, we are being asked by
Mr. DOYLE. Mr. Chairman, under
be allowed to exist as a free nation.
the administration to authorize economic
our form of constitutional government,
Ever since she became a state she has
and military assistance under this joint
the President of the United States is re-
been frustrated in all her attempts to
resolution not to exceed $200 million. It
sponsible for the practical application of
achieve peace; she has been attacked,
is extremely significant that we are also
our foreign policy. In fact, he is charged
pushed to extremes of fear and anxiety
at the same time greeting a ruler from
with initiating and carrying same into
over survival; aggression and constant
one of the most despotic and backward
effect, as well as he is charged with being
fear of aggression have been her sad
nations of the world. He arrives com-
commander in chief of our Armed Forces.
lot. She has been made to stand alone
plete with retainers and retinue number-
Most of us on this floor today are not
in her trials and tribulations. The time
Ing 70 people. As a representative of one
members of our House Foreign Affairs
has come when we must see to it that
of the vital nations covered by this reso-
Committee; but it seems to me from
justice and respect are given her. Un-
lution, King Saud is in a position to gain
reading the report of our Committee on
less we help preserve Israel's dignity as
aid and assistance from the United
Foreign Affairs, which was this day fur-
a free nation-we lose our own.
States.
nished us, that said report clearly shows
Before we can vote intelligently on a
The possibility that Saudi Arabia
that distinguished committee has con-
resolution such as this, Congress should
might receive economic aid disturbs me
scientiously and pretty thoroughly con-
demand to know the specific program
greatly and reminds me that there exists
sidered the presently all important sub-
and field of action anticipated by the
in that country a festering sore which
ject matter constituted in the text of the
President and Secretary of State. We
should have been exterminated years ago.
resolution as submitted to Congress by
should formulate and announce to the
I refer to the practice of slavery and slave
the President.
world such a clear and forthright for-
labor.
The committee report of some 23
eign policy that our enemies will be
It is well known that slavery is openly
pages, in the hands of each of us, was
estopped from questioning our motives
practiced in Arabia and some reports in-
approved by a vote of 24 to 2, which in
and spreading false propaganda as to
dicate over 500,000 men, women, and
my estimation is very worthy of being
our real intentions, and so that all the
children are in bondage at the present
a clear finding that I should regard with
nations of the world may know what our
time. Now it seems to me that a nation
utmost scrutiny and probable approval
true aims are and that we wish to pre-
that allows such inhuman and cruel prac-
that committee's findings. I have also
serve freedom and peace. We should
tices to continue should not be eligible
considered as much the text of the hear-
use our power in the United Nations to
for economic aid from such a freedom-
ings before this important committee on
achieve practicable and effective results.
loving country as ours.
the same resolution, House Joint Reso-
It is important that we face up to the
On top of the practice of slavery in
lution 117.
dictators and the Communists and let
Arabia, I would like to point out a few
While I reçognize that there are few
them know that we will not be cowed
other facts about this nation. Although
factors involved in the content of this
72 STAT.]
PUBLIC LAW 85-559-JULY 25, 1958
419
before set forth whenever in their judgment such action is necessary
to prevent frauds or evasions."
Sec. 3. Section 23 (e) of the District of Columbia Alcoholic Bever-
age Control Act, as amended (48 Stat. 332; sec. 25-124 (e), D. C.
48 Stat. 655.
Code), is amended by striking out the words "beverage" and "bever-
ages" wherever they appear and substituting in lieu thereof the words
"spirits or alcohol".
SEC. 4. Section 23 (i) of the District of Columbia Alcoholic Bever-
age Control Act, as amended (48 Stat. 332 sec. 25-124 (i), D. C. Code),
48 Stat. 655.
is amended by striking out the words "beverage" and "beverages"
wherever they appear and substituting in lieu thereof the words
"spirits or alcohol".
SEC. 5. The last sentence of section 23 (k) of the District of Colum-
Statement.
bia Alcoholic Beverage Control Act, as amended (48 Stat. 332; sec.
25-124 (k), D. C. Code), is amended to read as follows: "Each holder
49 Stat. 901.
of such a license shall, on or before the tenth day of each month, for-
ward to the Board on a form to be prescribed by the Commissioners,
a statement under oath, showing the quantity of each kind of beverage,
except beer and wine (wine containing 14 per centum or less of alco-
holic content, wine containing more than 14 per centum of alcoholic
content, champagne, sparkling wine and any wine artificially carbon-
ated) sold under such license in the District of Columbia during the
preceding calendar month, to which said statement shall be attached
stamps denoting the payment of the tax imposed under this Act upon
the spirits or alcohol set forth in said report and such statement shall
be accompanied by payment of any tax imposed under this Act upon
any such wines as set forth in said report."
Sec. 6. Nothing in this Act shall be construed so as to affect the
authority vested in the Board of Commissioners of the District of
Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824).
D.C. Code Title
1 app.
The performance of any function vested by this Act in the Board of
Commissioners or in any office or agency under the jurisdiction and
control of said Board of Commissioners may be delegated by said
Board of Commissioners in accordance with section 3 of such plan.
SEC. 7. This Act shall take effect on the first day of the calendar
Effective date.
month beginning not less than sixty days after the date of approval
of this Act.
Approved July 25, 1958.
Public Law 85-559
AN ACT
July 25, 1958
To authorize the creation of record of admission for permanent residence in the
[H. R. 11033]
case of certain Hungarian refugees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That any alien who
Hungarian
was paroled into the United States as a refugee from the Hungarian
gees.
Relief.
revolution under section 212 (d) (5) of the Immigration and National-
66 Stat. 182.
8 USC 1182.
ity Act subsequent to October 23, 1956, who has been in the United
States for at least two years, and who has not acquired permanent
residence, shall forthwith return or be returned to the custody of the
Immigration and Naturalization Service, and shall thereupon be in-
spected and examined for admission into the United States, and his
case dealt with, in accordance with the provisions of sections 235,
8 USC 1225,
1226, 1227.
236 and 237 of that Act.
SEC. 2. Any such alien who, pursuant to section 1 of this Act, is
found, upon inspection by an immigration officer or after hearing
before a special inquiry officer, to have been and to be admissible as
420
PUBLIC LAW 85-560-JULY 25, 1958
[72 STAT.
an immigrant at the time of his arrival in the United States and at the
time of his inspection and examination, except for the fact that he was
8 USC 1182.
not and is not in possession of the documents required by section 212
(a) (20) of the Immigration and Nationality Act, shall be regarded
as lawfully admitted to the United States for permanent residence as of
the date of his arrival.
SEC. 3. Nothing contained in this Act shall be held to repeal, amend,
alter, modify, affect, or restrict the powers, duties, functions, or author-
ity of the Attorney General in the administration and enforcement of
the Immigration and Nationality Act or any other law relating to
immigration, nationality, or naturalization.
Approved July 25, 1958.
Public Law 85-560
AN ACT
July 25, 1958
[H.R. 10320]
To provide for additional charges to reflect certain costs in the acceptance of
business reply cards, letters in business reply envelopes, and other matter
under business reply labels for transmission in the mails without prepayment
of postage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
Postal service.
Business reply
United States of America in Congress assembled, That section 2 of the
mail.
Act of May 29, 1928 (45 Stat. 940; 39 U.S. C. 303), is amended to read
as follows:
"ADDITIONAL CHARGES FOR TRANSMISSION OF CERTAIN MAIL MATTERS
WITHOUT PREPAYMENT OF POSTAGE
"SEC. 2. Under such regulations and conditions as the Postmaster
General may prescribe, it shall be lawful to accept for transmission
in the mails, without prepayment of postage, business reply cards,
letters in business reply envelopes, and any other matter under business
reply labels. Postage thereon at the regular first-class rate, and an
additional charge thereon of 2 cents for each piece weighing two
ounces or less and 5 cents for each piece weighing more than two
ounces, shall be collected on delivery."
Effective date.
SEC. 2. The amendment made by the first section of this Act shall
become effective on August 1, 1958.
Franking privi-
SEC. 3. (a) Section 85 of the Act of January 12, 1895 (39 U. S. C.
lege.
48 Stat. 1018.
326), is amended by inserting after the words "Secretary of the Sen-
ate," wherever they appear the words "Sergeant at Arms of the
Senate,".
(b) (1) Section 7 of the Act of April 28, 1904 (39 U.S. C. 327),
33 Stat. 441.
is amended by inserting after the word "Congress," the following:
"and the Secretary of the Senate and the Sergeant at Arms of the
Senate".
(2) Such section is further amended by adding at the end thereof
the following: "In the event of a vacancy in the office of Secretary
of the Senate or Sergeant at Arms of the Senate, such privilege may
be exercised in such officer's name during the period of such vacancy
by any authorized person."
(c) Section 2 of the Act entitled "An Act to reimburse the Post
Office Department for the transmission of official Government-mail
matter", approved August 15, 1953 (67 Stat. 614; 39 U. S. C. 3210),
is amended by inserting after the words "Secretary of the Senate," the
words "the Sergeant at Arms of the Senate,".
Approved July 25, 1958.
1957
CONGRESSIONAL RECORD HOUSE
1355
against its adoption. It must have been
pressed their willingness to accept large
eral to permit aliens paroled into the
the debate or something of like nature.
numbers of them.
United States who intend to stay here
Perhaps the more intelligent saw the
On November 8, I directed that ex-
to remain as permanent residents. Con-
error of their ways.
traordinary measures be taken to expe*
sistent with existing procedures, provi-
I am not criticizing any of the 60-I
dite the processing of 5,000 Hungarian
sion should be made for submission of
was the 61st.
visa applications under the provisions of
the cases to Congress so that no alien
It may be that some day after the
the Refugee Relief Act. On November 19,
will become a permanent resident if it
President has tried out the New Deal,
the first of this group departed from
appears to the Congress that permanent
the Democratic theories were not sub-
Vienna for the United States. By No-
residence in his case is inappropriate.
scribed to by all Democrats, Mr. Speak-
vember 29, it had become clear that the
Legislation of this type would effectively
er, this idea of deficit spending, we may
flight of Hungarian men, women, and
solve the problem of the Hungarian
some day get back to where a President
children to gain freedom was assuming
escapees who have already arrived and,
can go along with the conservatives and
major proportions.
furthermore, would provide a means for
every man will be required to earn at
On December 1, I directed that above
coping with the cases of certain Korean
least part of what he receives from the
and beyond the available visas under the
orphans, adopted children, and other
Federal Government.
Refugee Relief Act-approximately 6,500
aliens who have been granted emergency
in all-emergency admission should be
admission to this country and now re-
granted to 15,000 additional Hungarians
main here in an indefinite status. This
COMMITTEE ON AGRICULTURE
through the exercise by the Attorney
should be permanent legislation so that
Mr. POAGE. Mr. Speaker, I ask unan-
General of his discretionary authority
administrative authorities are in a posi-
imous consent that the Committee on
under section 212 (d) (5) of the Immi-
tion to act promptly and with assurance
Agriculture: until midnight to-
gration and Nationality Act; and that
in facing emergencies which may arise
night to file a report on:the bill H R.
when these numbers had been exhausted,
in the future.
2367
the situation be reexamined.
QUOTA SYSTEM
The SPEAKER. Is there objection to
On December 12, I requested the Vice
The Immigration and Nationality Act
the request of the gentleman from
President to go to Austria so that he
of 1952, essentially a codification of
Texas?
might inspect, firsthand, the tragic situ-
the existing law, retained the national-
There was no objection.
ation which faced the refugees. I also
origins quota system established in 1924.
appointed a President's Committee for
In the more than a quarter of a century
IMMIGRATION AND NATURALIZA-
Hungarian Refugee Relief to assure full
since that time experience has demon-
TION-MESSAGE FROM THE PRES-
coordination of the work of the voluntary
strated a need to reexamine the method
agencies with each other and with the
laid down in the law for the admission
IDENT OF THE UNITED STATES
various Government agencies involved.
of aliens. I know that Congress will
(H. DOC. NO. 85)
On January 1, 1957, following his re-
continue to make its own study of the
The SPEAKER laid before the House
turn to the United States, the Vice Presi-
problems presented, taking into consid-
the following message from the President
dent made a personal inspection of our
eration the needs and responsibilities of
of the United States, which was read
reception center at Camp Kilmer and
the United States. There are, however,
and, together with the accompanying
then reported to me his findings and
certain interim measures which should
papers, referred to the Committee on the
recommendations. He reported that the
be immediately taken to remove obvious
Judiciary and ordered to be printed:
people who had fled from Hungary were
defects in the present quota system.
largely those who had been in the fore-
First, the quota should be based on
To the Congress of the United States:
front of the fight for freedom. He con-
the 1950 census of population in place of
The eyes of the free world have been
cluded that "the countries which accept
the 1920 census. An annual maximum
fixed on Hungary over the past 2½
these refugees will find that, rather than
of 154,857 quota immigrants is now pro-
months. Thousands of men, women,
having assumed a liability, they have
vided, using the 1920 census. I believe
and children have fied their homes to
acquired a valuable national asset."
that the economic growth over the past
escape Communist oppression. They
Most of the refugees who have come
30 years and present economic condi-
seek asylum in countries that are free.
to the United States have been admitted
tions justify an increase of approxi-
Their opposition to Communist tyranny
only temporarily on an emergency basis.
mately 65,000 in quota numbers.
is evidence of a growing resistance
Some may ultimately decide that they
Second, an equitable distribution of
throughout the world. Our position of
should settle abroad. But many will
the additional quota numbers should be
world leadership demands that, in part-
wish to remain in the United States
made. Under the present system, a num-
nership with the other nations of the
permanently. Their admission to the
ber of countries have large unused quota
free world, we be in a position to grant
United States as parolees, however, does
numbers while other countries have
that asylum.
not permit permanent residence or the
quotas regularly oversubscribed. I rec-
Moreover, in the 4½ years that have
acquisition of citizenship. I believe they
ommend that the additional quota num-
elapsed since the enactment of the Im-
should be given that opportunity under
bers be distributed among the various
migration and Nationality Act, the prac-
a law which deals both with the current
countries in proportion to the actual im-
tical application of that law has demon-
escapee problem and with any other like
migration into the United States since
strated certain provisions which operate
emergency which may hereafter face the
the establishment of the quota system in
inequitably and others which are out-
free world.
1924 and up to July 1, 1955.
moded in the world of today.
First, I recommend that the Congress
Prompt action by the Congress is
Third, quota numbers unused in 1
enact legislation giving the President
needed looking toward the revision and
year should be available for use in the
power to authorize the Attorney General
improvement of that law.
following year. Under existing law, if a
to parole into the United States tem-
EMERGENCY LEGISLATION
porarily under such conditions as he may
quota number is not used during the year,
Last October the people of Hungary,
prescribe, escapees selected by the Sec-
it becomes void. In my view, Congress
spontaneously and against tremendous
retary of State, who have fled or in the
should pool the unused quota numbers
odds, rose in revolt against Communist
future flee from Communist persecution
for Europe, Africa, Asia, and the Pacific
domination. When it became apparent
and tyranny. The number to whom such
Oceanic area. Those numbers should be
that they would be faced with ruthless
parole may be granted should not exceed
distributed during 3 12-month period on
deportation or extinction, a mass exodus
in any one year the average number of
a first-come, first-served basis without
into Austria began. Fleeing for their
aliens who over the past 8 years have
regard to country of birth within the
lives, tens of thousands crossed the
been permitted to enter the United States
area. However, I recommend that these
border into Austria seeking asylum.
by special acts of Congress outside the
unused quota numbers be available only
Austria, despite its own substantial eco-
basic immigration system.
to aliens who qualify for preference
nomic problems, unselfishly and without
Second, I urge the Congress promptly
status under existing law-persons hav-
hesitation received these destitute refu-
to enact legislation giving the necessary
ing needed skills or close relatives in the
gees. More than 20 nations have ex-
discretionary power to the Attorney Gen-
United States.
CONGRESSIONAL RECORD - HOUSE
January 31
Fourth, the so-called mortgage on
safety and security, the law should be
This is as it should be. But the growing
quotas resulting from the issuance of
amended to eliminate the requirement
frequency of such cases brought for pur-
visas under the Displaced Persons Act
of fingerprinting for aliens coming to the
poses of delay, particularly those involv-
and other special acts should be elimi-
United States for temporary periods.
ing aliens found to be criminals and traf-
nated. Visas issued under these acts
I further recommend an amendment
fickers. in narcotics and subversion,
were required to be charged against the
to the law to permit aliens traveling
makes imperative the need for legislation
regular immigration quota with the re-
from one foreign country to another,
limiting and carefully defining the
sult that quotas in some instances are
passing merely in transit through the
judicial process.
mortgaged far into the future. I recom-
United States, to go through this country
I have asked the Attorney General to
mend that the mortgages so created be
without undergoing inspection and ex-
submit to the Congress legislative pro-
eliminated, consistent with the action of
amination, and without complying with
posals which will carry into effect these
Congress when it enacted the Refugee
all the standards for admission. This
recommendations.
Relief Act of 1953, which provided for
would eliminate hardships to the traveler,
DWIGHT D. EISENHOWER.
special nonquota visas.
loss of good will, and much expense to the
THE WHITE HOUSE, January 31, 1957.
Fifth, the Congress should make pro-
transportation companies.
visions in our basic immigration laws for
The law should be amended to elim-
inate the necessity for immigration of-
INCREASE IN SMALL BUSINESS AD-
the annual admission of orphans adopt-
ed or to be adopted by American citizens.
ficers to inspect and apply all grounds of
MINISTRATION LOAN AUTHOR-
Experience has demonstrated that or-
exclusion to aliens seeking admission to
ITY
phans admitted under earlier special leg-
the mainland of the United States from
Mr. COLMER. Mr. Speaker, by direc-
islation have been successfully adjusted
Alaska and Hawaii. These Territories
tion of the Committee on Rules, I call up
to American family life. It also has re-
are part of the United States and aliens
House Resolution 137 and ask for its
vealed that there are many Americans
who have entered or are present in them
immediate consideration.
eager to adopt children from abroad.
are subject to all the provisions of the
The Clerk read the resolution, as
law. If any were deportable before arriv-
RELIEF FOR HARDSHIP CASES
follows:
ing on the mainland their deportable
The large and ever-increasing mass of
status continues.
Resolved, That upon the-adoption of this
immigration bills for the relief of aliens
resolution it shall be in order to move that
I recommend the repeal of that pro-
the House resolve itself into the Committee
continues to place an unnecessary bur-
vision in the law which requires aliens to
of the Whole House on the State of the
den upon the Congress and the President.
specify their race and ethnic classifica-
Union for the consideration of the bill (H. R
Private immigration laws in recent years
tion in visa applications.
3109) to amend the Small Business Act of
have accounted for more than one-third
A large number of refugees, possibly
1953 to increase the amount available there-
of all enactments, both public and pri-
thousands, misrepresented their identi-
under for business loans. After general de-
vate, Like any other enactment, each
ties when obtaining visas some years ago
bate, which shall be confined to the bill. and
case must be separately examined and
shall continue not to exceed 2 hours, to be
in order to avoid forcible repatriation be-
studied as to its merits by the Congress
equally divided and controlled by the chair--
hind the Iron Curtain. Such falsifica-
man and ranking minority member of the
and the President. The problem pre-
tion is a mandatory ground for deporta-
Committee on Banking and Currency, the bill
sented is usually a determination wheth-
tion, and in respect to these unfortunate
shall be read for amendment under the
er hardships and other factors in the
people, some relief should be granted by
5-minute rule. At the conclusion of the
particular case.justify an exception from
the Congress.
consideration of the bill for amendment, the
the ordinary provisions of the immigra-
Inequitable provisions relating to the
Committee shall rise and report the bill to
tion laws. These determinations could
status under the immigration laws of
the House with such amendments as may
be effected without resort to legislation
have been adopted, and the previous ques-
Asian spouses, and of adopted and other
tion shall be considered as ordered on the
if the necessary administrative authority
children should be rectified.
bill and amendments thereto to final passage
is provided. I recommend that the At-
Alien members and veterans of our
without intervening motion except one
torney General be granted authority,
Armed Forces who have completed at
motion to recommit.
subject to such safeguards as- Congress
least 3 years of service. are unable to
may prescribe, to grant relief from ex-
Mr. COLMER. Mr. Speaker, I yield 30
apply for naturalization without proof
clusion and expulsion to aliens having
minutes to the gentleman from Penn-
of admission for permanent residence.
close relatives in this country, to vet-
sylvania [Mr. Scorr] and, pending that,
I recommend that this requirement be
erans, and to functionaries of religious
yield myself such time as I may requires
eliminated in such cases, and that the
organizations. Generally these are the
Mr. Speaker, this is an open rule on
naturalization law applicable to such per-
the bill (H. R. 3109) to amend the Small
classes of cases which have been favor-
sons be completely overhauled.
Business Act of 1953 to increase the
ably regarded by Congress because of the
While the present law permits adjust-
amount available thereunder for business
hardship involved.
ment of status to permanent residence
loans.
TECHNICAL AMENDMENTS
in the cases of certain alien, it is un-
The Small Business Administration
In addition to the quota revisions, ex-
necessarily restrictive as to aliens mar-
was originally set up in 1953 and has
perience under existing immigration law
ried to United States citizens. Adjust-
functioned since that time. In the judg.
has made it clear that a number of
ment is forbidden if the alien has been
ment of this supporter of that legislation
changes should be made in the Immi-
in the United States less than 1 year
it has served a good purpose.
gration and Nationality Act of 1952.
prior to his marriage. This results in
There has been considerable criticism
Some provisions create unnecessary re-
the disruption of the family and causes
of the Small Business Administration,
strictions and limitations upon travel to
unnecessary expense to the alien who is
forced to go abroad to obtain a nonquota
largely, I think, stemming from the fact
the United States while others inflict
visa. It is my recommendation that the
that all the loans have not been ap-
harships upon aliens affected. I have
made a number of proposals for amend-
requirement of 1 year's presence in the
proved. Of course, it must be borne in
ments; with some minor modifications,
United States before marriage be re-
mind that this is a banking institution
and it is not a charitable institution.
I renew those recommendations and call
pealed.
Therefore, there must be some ground,
attention here to certain of them.
JUDICIAL REVIEW
some substance for making these loans
One of the obstacles to travel, and a
I have previously called the attention
I think they are made upon a more gen-
hindrance to the free exchange of ideas
of the Congress to the necessity for a
erous basis than possibly private banking
and commerce, is the requirement in the
strengthening of our laws in respect to
loans. Generally speaking, also, it is the
present law that every alien who applies
the aliens who resort to repeated judicial
policy of the Small Business Administra-
for a visa or who comes to the United
reviews and appeals for the sole purpose
tion to only make those loans which can-
States without a visa but remains for as
of delaying their justified expulsion from
not be obtained from local banking insti-
much as 30 days be fingerprinted. In
this country. Whatever the ground for
tutions. In other words, where private
some foreign countries fingerprinting is
deportation, any alien has the right to
capital is available, it is not the purpose
regarded with disfavor. Lacking any
challenge the Government's findings of
of the Small Business Administration to
significant contribution to our national
deportability through judicial process.
make these loans.
March 18, 1975
Dear Dr. Julias
Thank you for your letterof January 23, 1975, concerning the
International Green Cross Crusade.
Section 212(d)(5) of the Immigration and Nationality Act provides
that the Attorney General may in his diseretion parole into the
United States temporarily under such conditions as be may pre-
scribe for emergent reasons or for reasons deemed strictly in
the public interest any alien applying for admission to the United
States. This discretionary authority ordinarily is used in behalf
of applicants at ports of entry who are technically inadmissible
for reasons which may be overcome within a reasonably short
period of time. It is also used in emergent situations particularly
where an alien requires immediate medical treatment. a is not
used to overcome the normal visa issuing procedures provided
by the Act.
Exercise of the parole authority has been the subject of consider-
ation by the House Committee on the Judiciary. In a report to
accompany H.R. 981, (Report No. 93-461, 93rd Congress, lat
Session) it was stateds
The present parole authority granted the Attorney
General is simultaneously ambiguous and far to broad.
While the term "refugee" is not specifically mentioned
in Section 212(d)(5), the Attorney General is given
blanket authority in his discretion to parole "for emer-
gent reasons or for reasons deemed stricty in the public
interest any allen applying for admission to the United
States. as This has been broadly interpreted to include
groups of refugees, with and without sensultation with
the Congress, and at times in contravention of the
following statement of Congressional intent contained
in the House Report on the 1965 amendments:
# # # Insumuch as definite provision has now
been made for refugees, It is the express in-
tent of the committee that the paroie provisions
of the Immigration and Nationality Act, which
remain unchanged by this bill, be administered in
accordance with the original intention of the
drafters of that legislation. The parole pro-
visions were designed to authorize the Attorney
General to act only in emergent, individual, and
isolated situations, such as the case of an allen
who requires immediate medical attention, and not
for the immigration of classes OF groups outside
of the limit of the law.
While I can appreciate the high motivation of The International
Green Cross Crusade, it would be inappropriate for the Attorney
General to exercise the parois authority in the manner proposed
by you.
The immigration and Nationality Act provides for the eonditional
entry of certain refugees into the United States. However, that
program is limited to political refugnes from communist or
comunist-domsinated countries in the Eastern Hemisphere and
from countries in a defined area in the middle east. Legislation
to expand the refugee program to the Western Hemisphere has
been introduced in the Congrees but failed passage to date.
ze is true that Cubans have been paroled into the United States
but these people are political refugees and the Congress took
cognisance of their problem by enacting legislation in their behalf
in the form of The Act of November 2, 1966 (P. L. 89-732, BO State
1151).
To achieve your objectives, I bhlieve that the Congress would
have to consider legislation to amend the Immigration and Nationality
Act or introduce special legislation. Accordingly, 1 suggest that
you communicate with the appropriate Judiciary Committees of the
Congress to make your views known, At the same time you may
3
wish to make your views know with respect to the illegal aliens
in this country.
Sincerely,
Philip W. Buchen
Counsel to the President
Dr. Joseph R. Julia
President
Committee for Hemispheric
War on Crusade
507 Fifth Avenue
New York, New York 10017
PWB:JTF:ets
April 7, 1975
QUESTION: How long will you continue the present policy
on the evacuation of orphans?
ANSWER: We will continue to rely upon the experience and
good judgment of the South Vietnam Ministry of Social
Welfare and the U.S. authorized private and Voluntary
Agencies to make the determination of whether legal adop-
tion in the U.S. is in the best interests of the child.
If conditions should change that will require a re-examina-
tion of this policy and a change in the criteria, we will
reassess this position on the basis of the facts as they
then exist. We are continually monitoring the situation
in order to assure that these criteria are applied. we
will take steps to insure That
children are not needlessly moved
to the United States.
DTBliss, ES: 4/7/5
UNITED STATES V. MURFF
611
Cite as 260 F.2d 610
Before MEDINA, WATERMAN and
appellant readily acknowledged this, al-
DORE, Circuit Judges.
though the only Party membership noted
on his application for parole was during
MEDINA, Circuit Judge.
the period from 1947 through 1949. At
This is an appeal from the dismissal
several times during these interrogations
a writ of habeas corpus obtained by
appellant explained that this discrepan-
appellant, a refugee who fled from Hun-
cy arose because the official in the Con-
sul's office to whom he told the whole
gary at the time of the Soviet suppres-
sion of the revolution which swept his
story felt it was sufficient if only the first
country in the fall of 1956. The writ
period of his Party membership were
was sustained as to appellant's wife and
listed. This official then filled in the
two children, but the Government's cross-
part of appellant's application for parole,
appeal from that determination was vol-
entitled "Political Organizations." While
antarily dismissed.
it is clear to us from an examination
of this application that the information
On November 26, 1956, appellant and
regarding Communist Party membership
his family left Budapest for Austria. In
was written by someone other than ap-
Salzburg, Austria, at the request of
pellant, the truthfulness of appellant's
American Immigration Officers who had
explanation remains an open question,
interviewed the escapees, appellant exe-
especially in view of the statement made
cuted a written application for himself
by appellant at one point in the ques-
and his family for parole into the United
tioning on July 11, 1957, that he did not
States pursuant to Section 212(d) (5)
mention his Party membership subse-
of the Immigration and Nationality Act,
quent to his release from the concen-
8 U.S.C.A. § 1182(d) (5). This appli-
tration camp on his parole application
eation was approved and appellant, his
"because I knew that if I did not put
wife and two daughters were paroled
that in the application I would not have
into the United States. They arrived
any trouble."
at Camp Kilmer, New Jersey, on Decem-
ber 24, 1956 and thereafter settled in
On August 14, 1957, the Acting Re-
Baltimore, where appellant obtained em-
gional Commissioner for the Southeast
ployment as a milkman.
Region revoked appellant's parole on the
On February 21, 1957, and on three
basis of the alleged concealment and
separate occasions thereafter appellant
misrepresentation regarding Communist
was interrogated concerning his activi-
Party membership brought to light by
ties in Hungary, and the circumstances
the immigration official's interrogation,
attendant upon his making application
and also ordered that "the necessary
for parole into the United States. Three
steps be taken looking to (appellant's
of these interviews were conducted by
and his family's) return to Austria
an investigator for the Immigration and
* * *." Thereafter appellant was tak-
Naturalization Service, and the last one
en into custody by immigration officials,
was conducted by an Immigrant Inspec-
but on August 26, 1957, a writ of habeas
tor. Each of these interviews was of
corpus seeking a hearing for appellant
the question and answer type, with ap-
was allowed by the District Court. On
pellant speaking through an interpreter,
August 27, 1957, appellant appeared be-
and at none of them was appellant rep-
fore an Immigrant Inspector, who ques-
resented by counsel.
tioned him along the same lines as had
As a result of the interrogation in
the immigration investigator on the
February, 1957 and of those held on
three previous occasions. Appellant
March 5, 1957, and July 11, 1957, the
again stated that he had told officials in
immigration officials learned that ap-
Austria of his two periods of member-
pellant had been a member of the Com-
ship in the Communist Party and said he
anist Party after his release from a
had not on July 11, 1957 told the in-
incentration camp in 1953. In fact,
vestigator that he had wilfully concealed
April 7, 1975
QUESTION: What is the USG policy on the evacuation of
orphans?
ANSWER: The President directed that we help to expedite
the final processing and transportation to the U.S. of
those orphans who have prospective parents in the U.S. and
who are in the legal custody of U.S. Voluntary Agencies
authorized by the GVN for intercountry adoption. These
An important
children were already on the way to adoption and -we accelerated
considmation in mn decision was
the process in order to free up facilities to cope with the
expanded refugee problem.
Beyond this week We will consider carefully any further
adoptions and our policy will be based upon two primary
criteria: 1) our major and overriding concern will be
the welfare of the children in South Vietnam, both those
who are legally adoptable and those who are not. 2) con-
sistent with U.S. and GVN law and custom, we will work to
assure that no bureaucratic obstacles will prevent taking
action, which is considered by the Vietnamese and the
Every consderation will be guiss to the will of
ast
private voluntary organizations to be in the best interests
each
of that child.
QERALD in. FORD LIBRARY
DTBliss, ES: 4/7/75
April 7, 1975
QUESTION: Why did the President direct the expediting of
the evacuation of Vietnam orphans from Saigon?
ANSWER: The President directed that the U.S. Embassy
assist the Government of South Vietnam in the final processing
and transportation of orphans who were in the legal custody
of the U.S. Voluntary Agencies authorized by the GVN for
intercountry adoption and awaited by adopting parents in
the U.S. We undertook the expediting of work already in
process in order to free up the facilities and staff of
these Volags to help with the serious new refugee problem
now arising in South Vietnam. These dedicated Volags have
some of the finest health care facilities available, and
by accelerating the process already underway, we are helping
them deal more effectively with the humanitarian assistance
requirements of the new refugees.
DTBliss, ES: 4/7/75
April 7, 1975
QUESTION: How long will AID continue to finance the
transportation of orphans out of Vietnam?
for the present
ANSWER: We will continue during this week to provide trans-
portation for those orphans in South Vietnam who are in
the legal custody of Voluntary Agencies authorized by the
GVN for intercountry adoption. We will continue transporta-
as long as
tion beyond that time if it is needed, if other commercial
transportation is not available and if the conditions so
require it.
GERALD R. FORD LIBRARY
DTBliss, ES:4/7/75
Evacuees
April 7, 1975
QUESTION: How long will you continue the present policy
on the evacuation of orphans?
ANSWER: We will continue to rely upon the experience and
good judgment of the South Vietnam Ministry of Social
Welfare and the U.S. authorized private and Voluntary
Agencies to make the determination of whether legal adop-
tion in the U.S. is in the best interests of the child.
If conditions should change that will require a re-examina-
tion of this policy and a change in the criteria, we will
reassess this position on the basis of the facts as they
then exist. We are continually monitoring the situation
in order to assure that these criteria are applied. we
will take steps to insure That
children are not needlessh moved
to the United States.
BERAU 1. FORD LIBRARY
DTBliss, ES: 4/7/5
April 7, 1975
QUESTION: What is the USG policy on the evacuation of
orphans?
ANSWER: The President directed that we help to expedite
the final processing and transportation to the U.S. of
those orphans who have prospective parents in the U.S. and
who are in the legal custody of U.S. Voluntary Agencies
authorized by the GVN for intercountry adoption. These
An important
children were already on the way to adoption and -we accelerated
considmation in in decision was
the process in order to free up facilities to cope with the
expanded refugee problem.
Beyond this week We will consider carefully any further
adoptions and our policy will be based upon two primary
criteria: 1) our major and overriding concern will be
the welfare of the children in South Vietnam, both those
who are legally adoptable and those who are not. 2) con-
sistent with U.S. and GVN law and custom, we will work to
assure that no bureaucratic obstacles will prevent taking
Every comsderation will be guils to the view of
action, which is considered by the Vietnamese and the
ast
private voluntary organizations to be in the best interests
each
of that child.
FORD LIBRARY
DTBliss, ES:4/7/75
April 7, 1975
QUESTION: How long will AID continue to finance the
transportation of orphans out of Vietnam?
for the /inseat
ANSWER: We will continue during this week to provide trans-
portation for those orphans in South Vietnam who are in
the legal custody of Voluntary Agencies authorized by the
GVN for intercountry adoption. We will continue transporta-
as long as
tion beyond that time if it is needed, if other commercial
transportation is not available and if the conditions so
require it.
SEATES 1. FORD LIBRARY
DTBliss, ES:4/7/75
April 7, 1975
QUESTION: Why did the President direct the expediting of
the evacuation of Vietnam orphans from Saigon?
ANSWER: The President directed that the U.S. Embassy
assist the Government of South Vietnam in the final processing
and transportation of orphans who were in the legal custody
of the U.S. Voluntary Agencies authorized by the GVN for
intercountry adoption and awaited by adopting parents in
the U.S. We undertook the expediting of work already in
process in order to free up the facilities and staff of
these Volags to help with the serious new refugee problem
now arising in South Vietnam. These dedicated Volags have
some of the finest health care facilities available, and
by accelerating the process already underway, we are helping
them deal more effectively with the humanitarian assistance
requirements of the new refugees.
DTBliss, ES: 4/7/75
STREET OF STATE
Office of the Attorney General
PRO
Washington, D. C. 20530
JUSTITIA
April 7, 1975
The Honorable Philip Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Phil:
I am transmitting herewith the letter
from Robert S. Ingersoll, Acting Secretary of
State, and memorandum from L. F. Chapman, Jr.,
Commissioner of the Immigration and Naturalization
Service, which the Attorney General discussed with
you this morning.
With best wishes,
Sincerely,
Alark
Mark L. Wolf
EYES ONLY
THE WHITE HOUSE
WASHINGTON
April 8, 1975
MEMORANDUM FOR:
DONALD RUMSFELD
FROM:
PHILIP BUCHEN
I believe you should be alerted to the enclosed secret
communication from Bob Ingersoll to the Attorney General
which is undated but which was drafted on April 5. It
came to me on April 7 from the Attorney General and I
have responded to him to call attention to the recent
Report from the Judiciary Committee dealing with the
proposed Immigration and Nationality Act Amendments of
1973. In this Report the Committee questions whether
the parole authority under Section 212 (d) 5 should be
used to bring in large classes of refugees inasmuch as
there is another section of the Act which has been in
effect since 1965 that allows for the entry of a maximum
of 10,200 refugees annually.
The Judiciary Committee was recommending that action on
a broad scale to bring in refugees should only be taken
after appropriate consultation with Congress.
The Attorney General agrees that he should take no action
under his parole authority unless it is first considered
and approved by the President, and I would assume the
President would certainly want to consult with Congress
before making any decision in this regard.
F
V
E
S
ONLY
EYES ONLY
THE WHITE HOUSE
WASHINGTON
April 8, 1975
MEMORANDUM FOR:
DONALD RUMSFELD
FROM:
PHILIP BUCHEN
I believe you should be alerted to the enclosed secret
communication from Bob Ingersoll to the Attorney General
which is undated but which was drafted on April 5. It
came to me on April 7 from the Attorney General and I
have responded to him to call attention to the recent
Report from the Judiciary Committee dealing with the
proposed Immigration and Nationality Act Amendments of
1973. In this Report the Committee questions whether
the parole authority under Section 212 (d) 5 should be
used to bring in large classes of refugees inasmuch as
there is another section of the Act which has been in
effect since 1965 that allows for the entry of a maximum
of 10,200 refugees annually.
The Judiciary Committee was recommending that action on
a broad scale to bring in refugees should only be taken
after appropriate consultation with Congress.
The Attorney General agrees that he should take no action
under his parole authority unless it is first considered
and approved by the President, and I would assume the
President would certainly want to consult with Congress
before making any decision in this regard.
Page in SERVICE
EVES
ONLY
BYES ONLY
THE WHITE HOUSE
WASHINGTON
April 9, 1975
MEMORANDUM FOR:
DON RUMSFELD
FROM:
PHILIP BUCHEN T.W.B.
Supplementing my memo to you of April 8 covering
the subject of admission of refugees to this
country, I enclose a copy received today from
the Attorney General of a refugee status report
done by the Acting Commissioner of the
Immigration and Naturalization Service.
Enclosure
BYES ONLY
it
VIET NAM-CAMBODIA REFUGEE STATUS REPORT - #1
1. During the testimony before the Subcommittee on Immigration, Citizen-
ship and International Law, Mr. Dan Parker, Administrator of AID,
Mr. Leonard F. Walentynowicz, Administrator, Bureau of Security and
Consular Affairs, General Chapman, Commissioner of Immigration and
Naturalization were all asked what the Administration is planning to
do with regard to orphans, immediate relatives, Vietnamese and Cambodians
(including higher government officials and military officers) who may
have assisted this government. Each indicated the matter was under
study at the highest level of government. The Committee Chairman
and members emphasized time and time again that there should be
consultation with that Committee if there is any plan to enlarge
the program by the use of immigration parole.
Mr. Dan Parker had advised the Committee that he was designated by
the President to coordinate the Administration's Vietnamese-Cambodian
refugee program and that he had set up an interagency committee to
carry this out.
2. On April 8 the Office of Refugee and Migration Affairs requested that
we authorize the parole of 15 Cambodians identified as the Charge d'
Affairs and his staff who have been stationed in New Delhi, India
representing the Cambodian government and who have been ordered by
the Indian government to depart because that government now recog-
nizes the government of Prince Shinouk. These aliens clearly fall
within Category 2 mentioned in the letter of the Acting Secretary
of State dated April 5 which was transmitted to you under date of
April 7.
3. To date 1298 Vietnamese orphans have been paroled into the United
States under the orphan program.
James F. Greene
Acting Commissioner
THE ATTORNEY GENERAL
EXPENT OF
Old 100 SEQUITUR TOIL shr
April 10, 1975
Philip Buchen,
DEPARTMENT OF STATE
WASHINGTON
SECRET
Dear Mr. Attorney General:
Communist overrunning of Cambodia and South
Vietnam will make refugees out of many Cambodians
and South Vietnamese associated with the present
governments of those countries and with the United
States. These people will face death or persecu-
tion from the communist elements if they remain in
Cambodia or South Vietnam or if they are presently
outside of those countries and return.
There are three categories of such refugees:
(1) South Vietnamese and Cambodians in the United
States who have well-founded fear of persecution if
they return to their countries of nationality.
These are likely to request asylum from the Immi-
gration Service which we presume will be granted.
(2) South Vietnamese and Cambodians in third countries
who are unable to remain in these countries or who
may face the threat of forcible return to their
countries of nationality. (3) South Vietnamese and
Cambodians who face death or persecution by communist
elements because of their association with the United
States Government or their own governments and must
leave their countries of nationality. We estimate
there are conservatively 200, 000 to whom the United
States Government has an obligation and the number
may run to many times that number. We hope that many
will be able to resettle in third countries but this
may not be possible.
The Honorable
DECLASSIFIED
Edward H. Levi,
E.O. 12958 Sec. 3.6
Attorney General.
State Department Guiddines
By KBH NARA, Date 6/2/97
SECRET
1
SECRET
- 2
Because of our deep involvement in Vietnam and
Cambodia, these people will look to the United
States for resettlement and I believe we have an
obligation to receive them. Because of the time
involved, I do not believe it will be possible to
obtain special legislation from the Congress in
time to permit their entry into the United States,
although such legislation may well be forthcoming.
Therefore, parole under Section 212 (d) (5) of the
Immigration and Nationality Act appears to be the
only alternative. Such parole clearly meets the
emergent reasons and public interest provisions of
the Immigration and Nationality Act.
Therefore, I request that you exercise your
parole authority under Section 212 (d) (5) of the
Immigration and Nationality Act to permit the entry
of the above categories of refugees.
If you agree with this proposal, officers of
the Department will be in touch with your designees
to discuss its implementation should that become
necessary.
Sincerely
Robert S. Ingersoll
Acting Secretary
SECRET
OPTIONAL FORM NO. 10
JULY 1073 EDITION
GSA FPMR (4) CFRI 101-11.8
UNITED STATES GOVERNMENT
Memorandum
CO 212,28-P
Edward H. Levi
CEORET
SECRET
: Attorney General
DATE:
Department of Justice
APR 7 1975
DECLASSIFIED
: L. F. Chapman, Jr., Commissioner
E.O. 12955 Sec. 3.6
Immigration and Naturalization
State Department Guidelines
BJECT: Refugees from South Vietnam and Cambodia
KBH NARA, Date 6/2/97
Attached is a letter dated April 5, 1975 from the Acting Secretary of
State, Robert S. Ingersoll, concerning the plight of South Vietnamese
and Cambodian refugees. Although the letter is addressed to you, it
was delivered to me this past weekend because of the urgency of. the
matter. In view of the need for expeditious consideration, I am fur-
nishing my comments herewith.
With regard to South Vietnamese and Cambodian citizens in the United
States who potentially have a well-founded fear of persecution if they
return to their countries of nationality, the Service has issued instruc-
tions that no action shall be taken to require the departure of such
persons. It is estimated that there are about 13,000 in the United
States.
In the cases of South Vietnamese and Cambodians in third countries who
are unable to remain in those countries or who may face the threat of
forcible return to their countries of nationality, of relevance is
Article 33 of the United Nations Convention relating to the Status of
Refugees (TIAS 6577), to which the United States is a signatory. All
signatory countries should be urged through diplomatic channels and
through the United Nations to fulfill their obligations under the Con-
vention in a spirit of generosity and compassion.
The most sensitive and urgent aspect relates to the South Vietnamese
and Cambodians who remain in their countries and face death or persecu-
tion by the Communists because of their association with the United
States Government or their own governments unless they can leave. The
estimated number of such persons is large. Under section 203 (a) (7) of
the Immigration and Nationality Act, 8 U.S.C. 1153 (a) (7), a refugee is
defined as a person who has fled from a Communist or Communist-dominated
country or area, who must make his application for entry to the United
States in a non-Communist country or area. This statute provides a
limited and leisurely procedure which is not practical during an
emergency. Moreover, it authorizes the entry of only 10,200 refugees
annually. If these refugees are to be saved the rescue must be ac-
complished before the non-Communist areas of those countries are overrun.
Therefore, the only solution to the problem is under the Attorney General's
parole authority, section 212 (d) (5) of the Act, 8 U.S.C. 1182 (d) (5).
SECRET
Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan
5010-110
SECRET,
-2-
The parole authority has been exercised for over 30,000 refugees from
the Hungarian Revolution of 1956 and for over half a million Cuban
refugees pursuant to Presidential directives. In view of the large
numbers of potentiel South Vietnamese and Cambodian refugees, it is
urged that the use of the parole authorization for them be considered
at the highest level of Government and in consultation with the ap-
propriate Committees of both Houses of Congress.
The political and military situations in Phnom Penh and Saigon are es-
sentially different. Lon Nol has left Cambodia, the fighting in that
country is reduced to an area comprising the capital city and its air-
port, and it is nearly every man for himself.
Although South Vietnam has suffered staggering losses of territory,
General Thieu remains at the helm of the government, there is still
room for maneuvers and there is the possibility that the war there
may continue for a much longer time than in Cambodia. Under these
circumstances the United States Government may find itself at cross
purposes with the government of South Vietnam if it seeks, at an
earlier date than one agreed to by General Thieu, to remove large
number of persons who have been supporters of the Thieu government.
Recommendations:
(1) Those in the United States: The Service has the matter under
control and no further action by you is required.
(2) Those in third countries: Appropriate representations should be
made by the State Department to the host countries and to the
United Nations.
(3) Those in South Vietnam and Cambodia: The problem should be
brought to the attention of the President and any formal decision
which involves movement into the United States en masse should be
discussed with leaders of both Houses of Congress.
Attachment
Enspment
SECRET
THE ATTORNEY GENERAL
STATE JUSTITLY
April 10, 1975
Philip Buchen,
DEPARTMENT OF STATE
WASHINGTON
SECRET
Dear Mr. Attorney General:
Communist overrunning of Cambodia and South
Vietnam will make refugees out of many Cambodians
and South Vietnamese associated with the present
governments of those countries and with the United
States. These people will face death or persecu-
tion from the communist elements if they remain in
Cambodia or South Vietnam or if they are presently
outside of those countries and return.
There are three categories of such refugees:
(1) South Vietnamese and Cambodians in the United
States who have well-founded fear of persecution if
they return to their countries of nationality.
These are likely to request asylum from the Immi-
gration Service which we presume will be granted.
(2) South Vietnamese and Cambodians in third countries
who are unable to remain in these countries or who
may face the threat of forcible return to their
countries of nationality. (3) South Vietnamese and
Cambodians who face death or persecution by communist
elements because of their association with the United
States Government or their own governments and must
leave their countries of nationality. We estimate
there are conservatively 200, 000 to whom the United
States Government has an obligation and the number
may run to many times that number. We hope that many
will be able to resettle in third countries but this
may not be possible.
The Honorable
DECLASSIFIED
Edward H. Levi,
E.O. 12053 Soc. 3.6
Attorney General.
State Department Guiddina
KBH NARA, Date 6/2/97
SECRET
SECRET
2
Because of our deep involvement in Vietnam and
Cambodia, these people will look to the United
States for resettlement and I believe we have an
obligation to receive them. Because of the time
involved, I do not believe it will be possible to
obtain special legislation from the Congress in
time to permit their entry into the United States,
although such legislation may well be forthcoming.
Therefore, parole under Section 212 (d) (5) of the
Immigration and Nationality Act appears to be the
only alternative. Such parole clearly meets the
emergent reasons and public interest provisions of
the Immigration and Nationality Act.
Therefore, I request that you exercise your
parole authority under Section 212 (d) (5) of the
Immigration and Nationality Act to permit the entry
of the above categories of refugees.
If you agree with this proposal, officers of
the Department will be in touch with your designees
to discuss its implementation should that become
necessary.
Sincerely
SECRET
OPTIONAL FORM NO. 10
JULY 1071 EDITION
can FEMB (-) CFRI 101-11.6
UNITED STATES GOVERNMENT
Memorandum
CO 212,28-P
Edward H. Levi
SECRET
:
Attorney General
DATE:
Department of Justice
APR 7 1975
DECLASSIF ED
E.O. 12966 Sec. 3.5
: L. F. Chapman, Jr., Commissioner
Immigration and Naturalization
State Department Guidelvies
ECT: Refugees from South Vietnam and Cambodia
KBH NARA, Drive 6/2/97
Attached is a letter dated April 5, 1975 from the Acting Secretary of
State, Robert S. Ingersoll, concerning the plight of South Vietnamese
and Cambodian refugees. Although the letter is addressed to you, it
was delivered to me this past weekend because of the urgency of. the
matter.' In view of the need for expeditious consideration, I am fur-
nishing my comments herewith.
With regard to South Vietnamese and Cambodian citizens in the United
States who potentially have a well-founded fear of persecution if they
return to their countries of nationality, the Service has issued instruc-
tions that no action shall be taken to require the departure of such
persons. It is estimated that there are about 13,000 in the United
States.
In the cases of South Vietnamese and Cambodians in third countries who
are unable to remain in those countries or who may face the threat of
forcible return to their countries of nationality, of relevance is
Article 33 of the United Nations Convention relating to the Status of
Refugees (TIAS 6577), to which the United States is a signatory. All
signatory countries should be urged through diplomatic channels and
through the United Nations to fulfill their obligations under the Con-
vention in a spirit of generosity and compassion.
The most sensitive and urgent aspect relates to the South Vietnamese
and Cambodians who remain in their countries and face death or persecu-
tion by the Communists because of their association with the United
States Government or their own governments unless they can leave. The
estimated number of such persons is large. Under section 203 (a) (7) of
the Immigration and Nationality Act, 8 U.S.C. 1153(a) (7), a refugee is
defined as a person who has fled from a Communist or Communist-dominated
country or area, who must make his application for entry to the United
States in a non-Communist country or area. This statute provides a
limited and leisurely procedure which is not practical during an
emergency. Moreover, it authorizes the entry of only 10,200 refugces
annually. If these refugees are to be saved the rescue must be ac-
complished before the non-Communist areas of those countries are overrun.
Therefore, the only solution to the problem is under the Attorney General's
parole authority, section 212(d)(5) of the Act, 8 U.S.C. 1182(d)(5).
SECRET
Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan
SECRET
-2-
The parole authority has been exercised for over 30,000 refugees from
the Hungarian Revolution of 1956 and for over half a million Cuban
refugees pursuant to Presidential directives. In view of the large
numbers of potentiel South Vietnamese and Cambodian refugees, it is
urged that the use of the parole authorization for them be considered
at the highest level of Government and in consultation with the ap-
propriate Committees of both Houses of Congress.
The political and military situations in Phnom Penh and Saigon are es-
sentially different. Lon Nol has left Cambodia, the fighting in that
country is reduced to an area comprising the capital city and its air-
port, and it is nearly every man for himself.
Although South Vietnam has suffered staggering losses of territory,
General Thieu remains at the helm of the government, there is still
room for maneuvers and there is the possibility that the war there
may continue for a much longer time than in Cambodia. Under these
circumstances the United States Government may find itself at cross
purposes with the government of South Vietnam if it seeks, at an
earlier date than one agreed to by General Thieu, to remove large
number of persons who have been supporters of the Thieu government.
Recommendations:
(1) Those in the United States: The Service has the matter under
control and no further action by you is required.
(2) Those in third countries: Appropriate representations should be
made by the State Department to the host countries and to the
United Nations.
(3) Those in South Vietnam and Cambodia: The problem should be
brought to the attention of the President and any formal decision
which involves movement into the United States en masse should be
discussed with leaders of both Houses of Congress.
Attachment
SECRET