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Indochina Refugees - Parole Authority (1)
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1505195
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Indochina Refugees - Parole Authority (1)
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Theodore C. Marrs Files (Ford Administration)
Theodore Marrs' General Subject Files
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Vietnam (Republic)
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The original documents are located in Box 10, folder "Indochina Refugees - Parole
Authority (1)" of the Theodore C. Marrs Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 10 of the Theodore C. Marrs Files at the Gerald R. Ford Presidential Library
R.
FORD
Executive Authority to Introduce United States
Forces into Hostile Situations to Evacuate U.S.
GERALD
Citizens and Foreign Nationals
LIBRARY
The Constitutional Authority of the President
From the time of Jefferson to the present, American
Presidents have exercised their authority under the
Constitution to use military force to protect U.S. citizens
abroad. Instances where this authority has been exercised
in the absence of any legislative sanction include the
Boxer Rebellion in China in 1900, the landing of Marines
in Nicaragua in 1926, and many others. (A partial listing
of such instances is attached as an annex to this memorandum.)
The nature and basis of this authority was succinctly
described by former President Taft. In 1916, after his
term of office had expired, he wrote:
"He [the President] has done this [used
military force to protect Americans] under
his general power as Commander in Chief.
It grows not out of any specific act of
Congress, but out of that obligation,
inferable from the Constitution, of the
Government to protect the rights of an
American citizen against foreign aggres-
sion
= (William Howard Taft,
The President and His Power, (1967)
p. 94-95 (originally published in 1916) .)
This remains the position of the executive branch.
The courts also have recognized the authority of the
executive branch to take military action to protect U.S.
citizens abroad. In the Slaughterhouse Cases (83 U.S.
(16 Wall. ) 36, 79 (1872) ) the Supreme Court said of the
Government's responsibility to its citizens abroad:
"Another privilege of a citizen of the
United States is to demand the care and
protection of the Federal Government over
his life, liberty, and property when on the
high seas or within the jurisdiction of a
foreign government. Of this there can be
no doubt nor that the right depends upon
his character as a citizen of the United
States.
"
- 2 -
In Durand V. Hollins (8 Fed. Cas. 111, 112 (1860)) a Federal
Court in New York said of our duty to protect citizens
abroad:
"NOW, as it respects the interposition of
the executive abroad, for the protection of
the lives or property of the citizen, the
duty must, of necessity, rest in the
discretion of the President. Acts of lawless
violence, or of threatened violence to the
citizen or his property, cannot be anticipated
and provided for; and the protection, to be
effectual or of any avail, may, not unfrequently,
require the most prompt and decided action
The great object and duty of government is the
protection of the lives, liberty, and property
of the people composing it, whether abroad or
at home; and any government failing in the
accomplishment of the object, or the performance
of the duty, is not worth preserving."
Finally, in In re Neagle, (135 U.S. 1 (1889)) the Supreme
Court suggested that the President's duty to "take care
that the laws be faithfully executed" might go so far as
to authorize action to enforce "rights, duties and
obligations growing out of
our
international
relations," including, by implication, our obligations to
protect our citizens abroad. In support of this suggestion
the Court recounted an incident involving one Martin Koszta,
a native of Hungary who had at the time only declared his
intention of becoming a U.S. citizen. According to Mr.
Justice Miller:
"While in Smyrna he [Koszta] was seized by
command of the Austrian consul general at
that place, and carried on board the Hussar,
an Austrian vessel, where he was held in
close confinement. Captain Ingraham, in
command of the American sloop of war St. Louis,
arriving in port at that critical period,
and ascertaining that Koszta had with him
his naturalization papers, demanded his
surrender to him, and was compelled to train
his guns upon the Austrian vessel before his
demands were complied with. It was, however,
to prevent bloodshed, agreed that Koszta
should be placed in the hands of the French
- 3 -
consul subject to the result of diplomatic
negotiations between Austria and the United
States. The celebrated correspondence
between Mr. Marcy, Secretary of State, and
Chevalier Hulsemann, the Austrian minister
at Washington, which arose out of this affair
and resulted in the release and restoration
to liberty of Koszta, attracted a great deal
of public attention, and the position assumed
by Mr. Marcy met the approval of the country
and of Congress, who voted a gold medal to
Captain Ingraham for his conduct in the affair."
(135 U.S. at 64)
Mr. Justice Miller ends his discussion of this curious
incident by pointing out that Captain Ingraham's actions
lacked any congressional authorization, implying that none
was needed.
The Scope of the Various "Combat Activities" Statutes
We do not believe that there is any necessary conflict
between the President's constitutional authority to take
military action for the limited purpose of protecting American
lives and the various statutes which have been enacted since
June of 1973 prohibiting the use of appropriated funds for
the introduction of U.S. forces into hostilities in Indochina.
The legislative history of these statutes and subsequent
statements made by members of Congress who were instrumental
in their enactment, make it clear, we believe, that the
Congress did not intend by these statutes to circumscribe
this constitutional authority of the President.
In discussing the meaning of the Addabbo Amendment
to the Fiscal Year 1974 Continuing Resolution, one of the
earliest enactments in this series of coextensive
restrictions, Congressman Addabbo discussed the precise
point at issue here. He said in response to questions
from the former House Minority Leader:
"The gentleman from Michigan is speaking
of protective action. I am speaking of
direct combat action by our forces. We
are not amending the Constitution here this
afternoon; we are taking a congressional
premgative. The President still has, as
Commander in Chief, certain war powers and
if any place in this world our forces are
threatened or attacked he can move for the
moment "
- 4 -
Representative Ford then asked if it was correct that
Congressman Addabbo was saying "that the President as
Commander in Chief has certain constitutional military
responsibilities and opportunities
which would go
beyond the limitation in this amendment
"
(Emphasis added.) Congressman Addabbo responded "his
rights under the Constitution as Commander in Chief, yes".
(Congressional Record, June 26, 1973, page H-5365.)
On August 3, 1973 -- after the first of these statutes
was enacted but before their effective date -- Admiral
Moorer, then Chairman of the Joint Chiefs of Staff, said
in executive session testimony before the Senate Foreign
Relations Committee:
"[T]he only time that I think I said we
might
use retaliatory fire was in
the event we were trying to rescue
Americans. I think you accept that as
being -- I do -- a world wide authority
when we get into that type of crisis."
Chairman Fulbright said that he did accept the authority,
though he also suggested that we should not create a
situation making such action necessary. (Moorer testimony
before the Senate Foreign Relations Committee, August 3,
1973, page 40.)
One might ask, if the President's authority to take
military action to rescue Americans is so clear, why has
the Congress been requested to enact legislation clarifying
that authority? The answer is that the executive branch
believes our efforts to evacuate Americans, if that becomes
necessary, should, in view of the national concern about the
role of the United States in Indochina, be supported by the
Congress as well as the constitutional authority of the
President. Our national response to such an emergency
should be a united one in which the Legislative and the
executive branches are joined in their resolve. Possible
disagreements over interpretation of the Constitution or
the various statutes relating to Indochina should be set
aside. In dealing with a matter as important as protecting
the lives of American citizens there should be no dissension
within our Government on the question of taking military
action if necessary for the limited purpose of safely
evacuating Americans from places of danger.
- 5 -
With regard to the authority of the President to
employ the armed forces to evacuate foreigners from places
of danger, it is clear that the various statutes restricting
our involvement in hostilities in Indochina do not operate
to prevent the President from using the armed forces for the
evacuation of foreigners so long as those forces do not
become involved in hostilities. We acknowledge that the
President may not order U.S. forces into combat in Vietnam
for the purpose of evacuating Vietnamese and third-country
nationals without congressional authorization, except
where a limited number of foreigners can be evacuated in
connection with an evacuation of Americans without
materially changing the nature of such an effort. Because
we believe we have a real responsibility to the many
Vietnamese who have been associated with the United States
for many years, and because we recognize that it might not
be possible to evacuate these people to safety without
some limited involvement in hostilities by U.S. forces,
we are seeking authorization to take the minimum military
action necessary to achieve this limited purpose should
the worst come to pass.
Drafted:L:OTJohnson: lhs
x20445 4/16/75
Clearances:
L - Mr. Leigh
L/EA - Mrs. Verville
L/PM Mr. Michel
H - Mr. Goldberg
EA - Mr. Miller
White House - Mr. Rod Hilds
ANNEX
Instances where the Armed Forces of the United
States were Used to Protect U.S. Citizens With-
out Congressional Authorization
1. Following the burning of the American and British
legations in Japan in 1863, the Commander of the USS Wyoming
was instructed to use all necessary force to insure the
safety of Americans residing in Japan.
2. In 1863 a detachment of Japanese troops assaulted
foreign residents in Hiogo. Naval forces of the United
States and other Western powers made a joint landing and
adopted measures to protect the foreign settlement.
3. In 1888, U.S. naval forces in the Pacific were
ordered to extend full protection and defense to American
citizens and foreigners in Samoa who were threatened by
civil war in that island.
4. In 1900, 2,500 U.S. troops were sent to join an inter-
national military force organized to protect the foreign
legationsin Peking during the "Boxer Rebellion".
5. In 1927, Nationalist soldiers in Nanking,
China attacked Americans and other foreigners. On March 22
of that year, eleven men from the USS Noa were landed to
protect the American Consulate. Additional forces were
sent from the USS Preston to protect Americans and their
property. The next month, 24 marines were landed at Hankow
to protect an American business firm and in December,
during a rebellion in Canton, marines were sent ashore to
assist in the evacuation of Americans. By the end of 1927,
the United States had 44 naval vessels in Chinese waters and
5,670 men ashore.
6. When local disturbances broke out in Nicaragua
\in 1926, the government of that country requested that
American forces undertake to protect the lives and property
of Americans and other foreigners. In May of that year, a
force of marines was landed for the purpose of establishing
a neutral zone. Additional neutral zones were established
later in the year. The American military presence in Nicaragua
continued until 1933.
-2-
For additional examples, see "Authority of the
President to Repel the Attack in Korea", 23 Department
of State Bulletin, 173 (1950) ; Memorandum of the
Solicitor for the Department of State , October 5, 1912,
"Right to Protect Citizens in Foreign Countries by Landing
Forces", (2d ed., 1929) ; "Power of the President to Send
the Armed Forces Outside the United States", Committee
print prepared for the Joint Committee made up of the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate, February 28, 1951, 82 Congress,
1st session.
Executive Authority to Introduce United States
Forces into Hostile Situations to Evacuate U.S
Citizens and Foreign Nationals
FORD i 076839 LIBRARY
The Constitutional Authority of the President
From the time of Jefferson to the present, American
Presidents have exercised their authority under the
Constitution to use military force to protect U.S. citizens
abroad. Instances where this authority has been exercised
in the absence of any legislative sanction include the
Boxer Rebellion in China in 1900, the landing of Marines
in Nicaragua in 1926, and many others. (A partial listing
of such instances is attached as an annex to this memorandum.)
The nature and basis of this authority was succinctly
described by former President Taft. In 1916, after his
term of office had expired, he wrote:
"He [the President] has done this [used
military force to protect Americans] under
his general power as Commander in Chief.
It grows not out of any specific act of
Congress, but out of that obligation,
inferable from the Constitution, of the
Government to protect the rights of an
American citizen against foreign aggres-
sion
" (William Howard Taft,
The President and His Power, (1967)
p. 94-95 (originally published in 1916) .)
This remains the position of the executive branch.
The courts also have recognized the authority of the
executive branch to take military action to protect U.S.
citizens abroad. In the Slaughterhouse Cases (83 U.S.
(16 Wall.) 36, 79 (1872) ) the Supreme Court said of the
Government's responsibility to its citizens abroad:
"Another privilege of a citizen of the
United States is to demand the care and
protection of the Federal Government over
his life, liberty, and property when on the
high seas or within the jurisdiction of a
foreign government. Of this there can be
no doubt nor that the right depends upon
his character as a citizen of the United
States."
- 2 -
In Durand V. Hollins (8 Fed. Cas. 111, 112 (1860) a Federal
Court in New York said of our duty to protect citizens
abroad:
"Now, as it respects the interposition of
the executive abroad, for the protection of
the lives or property of the citizen, the
duty must, of necessity, rest in the
discretion of the President. Acts of lawless
violence, or of threatened violence to the
citizen or his property, cannot be anticipated
and provided for; and the protection, to be
effectual or of any avail, may, not unfrequently,
require the most prompt and decided action
The great object and duty of government is the
protection of the lives, liberty, and property
of the people composing it, whether abroad or
at home; and any government failing in the
accomplishment of the object, or the performance
of the duty, is not worth preserving.'
Finally, in In re Neagle, (135 U.S. 1 (1889)) the Supreme
Court suggested that the President's duty to "take care
that the laws be faithfully executed" might go so far as
to authorize action to enforce "rights, duties and
obligations growing out of
our international
relations," including, by implication, our obligations to
protect our citizens abroad. In support of this suggestion
the Court recounted an incident involving one Martin Koszta,
a native of Hungary who had at the time only declared his
intention of becoming a U.S. citizen. According to Mr.
Justice Miller:
"While in Smyrna he [Koszta] was seized by
command of the Austrian consul general at
that place, and carried on board the Hussar,
an Austrian vessel, where he was held in
close confinement. Captain Ingraham, in
command of the American sloop of war St. Louis,
arriving in port at that critical period,
and ascertaining that Koszta had with him
his naturalization papers, demanded his
surrender to him, and was compelled to train
his guns upon the Austrian vessel before his
demands were complied with. It was, however,
to prevent bloodshed, agreed that Koszta
should be placed in the hands of the French
- 3 -
consul subject to the result of diplomatic
negotiations between Austria and the United
States. The celebrated correspondence
between Mr. Marcy, Secretary of State, and
Chevalier Hulsemann, the Austrian minister
at Washington, which arose out of this affair
and resulted in the release and restoration
to liberty of Koszta, attracted a great deal
of public attention, and the position assumed
by Mr. Marcy met the approval of the country
and of Congress, who voted a gold medal to
Captain Ingraham for his conduct in the affair."
(135 U.S. at 64)
Mr. Justice Miller ends his discussion of this curious
incident by pointing out that Captain Ingraham's actions
lacked any congressional authorization, implying that none
was needed.
The Scope of the Various "Combat Activities" Statutes
We do not believe that there is any necessary conflict
between the President's constitutional authority to take
military action for the limited purpose of protecting American
lives and the various statutes which have been enacted since
June of 1973 prohibiting the use of appropriated funds for
the introduction of U.S. forces into hostilities in Indochina.
The legislative history of these statutes and subsequent
statements made by members of Congress who were instrumental
in their enactment, make it clear, we believe, that the
Congress did not intend by these statutes to circumscribe
this constitutional authority of the President.
In discussing the meaning of the Addabbo Amendment
to the Fiscal Year 1974 Continuing Resolution, one of the
earliest enactments in this series of coextensive
restrictions, Congressman Addabbo discussed the precise
point at issue here. He said in response to questions
from the former House Minority Leader:
"The gentleman from Michigan is speaking
of protective action. I am speaking of
direct combat action by our forces. We
are not amending the Constitution here this
afternoon; we are taking a congressional
premgative. The President still has, as
Commander in Chief, certain war powers and
if any place in this world our forces are
threatened or attacked he can move for the
moment
"
- 4
Representative Ford then asked if it was correct that
Congressman Addabbo was saying "that the President as
Commander in Chief has certain constitutional military
responsibilities and opportunities
which would go
beyond the limitation in this amendment
"
(Emphasis added.) Congressman Addabbo responded "his
rights under the Constitution as Commander in Chief, yes".
(Congressional Record, June 26, 1973, page H-5365.)
On August 3, 1973 -- after the first of these statutes
was enacted but before their effective date -- Admiral
Moorer, then Chairman of the Joint Chiefs of Staff, said
in executive session testimony before the Senate Foreign
Relations Committee:
"[T]he only time that I think I said we
might
use retaliatory fire was in
the event we were trying to rescue
Americans. I think you accept that as
being -- I do -- a world wide authority
when we get into that type of crisis."
Chairman Fulbright said that he did accept the authority,
though he also suggested that we should not create a
situation making such action necessary. (Moorer testimony
before the Senate Foreign Relations Committee, August 3,
1973, page 40.)
One might ask, if the President's authority to take
military action to rescue Americans is so clear, why has
the Congress been requested to enact legislation clarifying
that authority? The answer is that the executive branch
believes our efforts to evacuate Americans, if that becomes
necessary, should, in view of the national concern about the
role of the United States in Indochina, be supported by the
Congress as well as the constitutional authority of the
President. Our national response to such an emergency
should be a united one in which the Legislative and the
executive branches are joined in their resolve. Possible
disagreements over interpretation of the Constitution or
the various statutes relating to Indochina should be set
aside. In dealing with a matter as important as protecting
the lives of American citizens there should be no dissension
within our Government on the question of taking military
action if necessary for the limited purpose of safely
evacuating Americans from places of danger.
- 5 -
With regard to the authority of the President to
employ the armed forces to evacuate foreigners from places
of danger, it is clear that the various statutes restricting
our involvement in hostilities in Indochina do not operate
to prevent the President from using the armed forces for the
evacuation of foreigners so long as those forces do not
become involved in hostilities. We acknowledge that the
President may not order U.S. forces into combat in Vietnam
for the purpose of evacuating Vietnamese and third-country
nationals without congressional authorization, except
where a limited number of foreigners can be evacuated in
connection with an evacuation of Americans without
materially changing the nature of such an effort. Because
we believe we have a real responsibility to the many
Vietnamese who have been associated with the United States
for many years, and because we recognize that it might not
be possible to evacuate these people to safety without
some limited involvement in hostilities by U.S. forces,
we are seeking authorization to take the minimum military
action necessary to achieve this limited purpose should
the worst come to pass.
Drafted:L:OTJohnson:lhs
x20445 4/16/75
Clearances:
L - Mr. Leigh
L/EA Mrs. Verville
L/PM Mr. Michel
H - Mr. Goldberg
EA - Mr. Miller
White House Mr. Rod Hills
ANNEX
Instances where the Armed Forces of the United
States were Used to Protect U.S. Citizens With-
out Congressional Authorization
1. Following the burning of the American and British
legations in Japan in 1863, the Commander of the USS Wyoming
was instructed to use all necessary force to insure the
safety of Americans residing in Japan.
2. In 1863 a detachment of Japanese troops assaulted
foreign residents in Hiogo. Naval forces of the United
States and other Western powers made a joint landing and
adopted measures to protect the foreign settlement.
3. In 1888, U.S. naval forces in the Pacific were
ordered to extend full protection and defense to American
citizens and foreigners in Samoa who were threatened by
givil war in that island.
4. In 1900, 2,500 U.S. troops were sent to join an inter-
national military force organized to protect the foreign
legationsin Peking during the "Boxer Rebellion".
5. In 1927, Nationalist soldiers in Nanking,
China attacked Americans and other foreigners. On March 22
of that year, eleven men from the USS Noa were landed to
protect the American Consulate. Additional forces were
sent from the USS Preston to protect Americans and their
property. The next month, 24 marines were landed at Hankow
to protect an American business firm and in December,
during a rebellion in Canton, marines were sent ashore to
assist in the evacuation of Americans. By the end of 1927,
the United States had 44 naval vessels in Chinese waters and
5,670 men ashore.
6. When local disturbances broke out in Nicaragua
in 1926, the government of that country requested that
American forces undertake to protect the lives and property
of Americans and other foreigners. In May of that year, a
force of marines was landed for the purpose of establishing
a neutral zone. Additional neutral zones were established
later in the year. The American military presence in Nicaragua
continued until 1933.
-2-
For additional examples, see "Authority of the
President to Repel the Attack in Korea", 23 Department
of State Bulletin, 173 (1950) ; Memorandum of the
Solicitor for the Department of State , October 5, 1912,
"Right to Protect Citizens in Foreign Countries by Landing
Forces", (2d ed., 1929) ; "Power of the President to Send
the Armed Forces Outside the United States", Committee
print prepared for the Joint Committee made up of the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate, February 28, 1951, 82 Congress,
1st session.
[April 19752
CO 212.28-P
Edward H. Levi
The Attorney General
L. F. Chapman, Jr.
Commissioner of Immigration and Naturalization
FORD & LIBRARY GERALD
Parole for Certain Cambodians and Additional Vietnamese.
CAMBODIANS
The STate Department and INS have agreed to parole 983 Cambodians
now in Thailand who were evacuated to that country by the United
States provided:
1. Each in fact was evacuated by the United States.
All
2. Each is processed in accordance with specific
instructions furnished to the Embassy.
VIETNAMESE
Again State Department and INS have agreed to parole the imediate
relatives of United States citizens and permanent residents presently
in the United States provided:
1. They desire to enter the United States.
berid
2. They qualify fully for admission to the United
States under the immigration laws with certain
technical exceptions.
This authorization would allow into the United States the same categories
of persons as were authorized over the weekend for the immediate relatives
of American citizens who are presently in Vistnam except it would net per-
mit the entry of the brothers and sisters of permanent residents, The
number involved in this catagory could be as high as 75,000.
Subject to your approval we will obtain clearance from the White House, and
then consult with the two Committees of the Congress. If all concur, the
despatches appended hereto will be released immediately.
6. O. Corcultation Levi s = approp.
has succersed of
word
abl
35,000
I
forms
estimate
have
been
not
# 93,000
/
Lebgrem of lasboh a
atch
1
S, Bill
to
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N
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analysis
the
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Scoweroft letter chaldrens
L
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etalboant - BUT
atmitters
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Instructions
Must missing
4A essesse
st glasseeve expirant
to exadate edo to with
horlent
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at
OF
Office of the Commissioner
Inmigration and Naturalization Service
QUI PO DOMINA NATURALIZATION JUSTITIA SERVICE
,
MEMORANDUM
Ted-
1
Herewith copy of my
memo, approved by
A/6, furnished to
Phil Buchen + S tate
last night
healty-
U.S. Department of Justice
Immigration and Naturalization
Service
SECRET
COVER SHEET
This cover sheet shall be
immediately placed on all
SECRET MATERIAL pre-
pared or received pending
insertion in classified file.
SECRET
COVER SHEET
Form M-1
(Rev. 4-20-60)
SECRET
[April 1975]
KMERGENCY PROGRAM FOR PAROLE OF REFUGEES FROM VIETNAM
At the President's news conference of April 3. 1975 he stated
that the Attorney General's authority, which had been used several
times since World War II to permit victims of war and persecution to
come to the United States, would be considered for Vietnamase refugees.
In light of past experience with refugee programs generated by
varying conditions in foreign countries the following considerations
and recommendations are offered.
&
GERALD
FORD
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 efficials and their dependents
and others closely identified with U.S.
600,000
DECLASSIFIED
E.O. 12358 Sec. 3.6
State Dept. Guidelines
KBH NARA, Date 6/3/97
- Close relatives of U.S. citizens and permanent
93,000
residents
- FORmer Vietnamese employees of U.S. and their
dependents
850,000
SECRET
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 patitions 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
parele authority is and should be used to speed this
process.
R.
GERALD
FORD
4. Bona fide refugees. Included in this category would be
LIBRARY
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 peroled some 40,000 Hungarien
refugees into the United States. In the 1960's
we pareled in some 675,000 Cubans into the United
States. In the early 1970's we pareled 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
SECRET
SECRET
- 3 -
himself of several hundred thousand of his un-
desirables, including large numbers of diss&dents
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
R.
structure by the ingress of very large numbers.
GERALD
FORD
LISEARY
(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.
SECRET
[April 1975
. 4 .
SECRET
a. Housing, food, clothing, jobs - voluntary agencies,
HEW, and Labor to play the major roles.
t. Funding for all the above.
6. Recommendations.
a. Immediate parele 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.
SECRET
SECRET
- 5 -
f. If the foregoing, or some medification, are
approved, the several governmental departments
be directed to commence planning accordingly.
SECRET
DEPARTMENT OF STATE
WASHINGTON
April 5, 1975
SECRET
GERALD R. FORD LIBRAPA
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,
DECLASSIFIED
E.O. 12308 Sec. 3.6
Attorney General.
State Dept Guidelines
By
1034 NARA, Dute 6/3/97
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
Dr. mais.
Phil Habib 1d are making
Some revisions in the paper on
talking points we will hilf you
in full in the AM.
By
LIBRARY GERALD R. FORD
SECRET
CA:LWALENTYNOWICZ/AANTIPPAS:SJE
04/13/75
SCA:LWALENTYNOWICZ
GERALD FORD LIBRARY
NODIS
IMMEDIATE
SAIGON
IMMEDIATE
MANILA
R
L.W
E.O. 11652: GDS
LW/AA
TAGS: AEMR, VS
SUBJECT: E & E AND ALIEN DEPENDENTS OF U.S. CITIZENS
REF: A} SAIGON 4878; B} SAIGON 4829
1. VERY MUCH APPRECIATE YOUR THOUGHTFUL RECOMMENDATIONS
IN THE REFTEL. WE ARE STUDYING YOUR COMMENTS AND WILL
RESPOND IN DETAIL. IN THE MEANTIME WE HAVE SUCCEEDED IN
OBTAINING AUTHORITY FOR A VERY LIMITED RPT VERY LIMITED
PAROLE PROR*GRAM. THIS PROGRAM DEALS ONLY WITH ALIEN
RELATIVES PHYSICALLY PRESENT NOW IN VIET-NAM, OF U.S.
CITIZENS ALSO PHYSICALLY PRESENT NOW IN VIET-NAM. THE
PURPOSE OF THE PROGRAM IS TO ELIMINATE ONE OF THE REASONS
WHY SOME AMERICANS REFUSE TO LEAVE VIET-NAM. IT WILL BE
YOUR RESPONSIBILITY TO MONITOR SUCH PROGRAM AS CAREFULLY
AS POSSIBLE AND YOU SHOULD MAKE AVAILABLE WHATEVER SECURITY
FACILITIES NECESSARY TO PERMIT YOU TO SAY NO REPEAT NO TO
THOSE WHO DON'T QUALIFY.
2. THE CRITERIA OF SUCH A PAROLE PROGRAM IS AS FOLLOWS:
A} EVERY SUBJECT MUST BE PHYSICALLY RPT PHYSICALLY
PRESENT IN VIET-NAM AND MUST HAVE THE SPECIAL FAMILY
RELATIONSHIP HEREAFTER DESCRIBED;
SECRET
KBH 6/3/97
FORM DS 322A{0CR}
SECRET
2
B} SUCH FAMILY RELATIONSHIP MUST BE ONE OF THE FOLLOWING
TYPE AS MORE SPECIFICALLY DEFINED IN THE INA AND THE
REGULATIONS:
1} LAWFUL SPOUSE
2} CHILDREN
3} MOTHER OR FATHER OF U.S. CITIZEN
4} MOTHER OR FATHER OF ALIEN SPOUSE
5} MINOR UNMARRIED SIBLINGS OF ALIEN SPOUSE
6} MINOR UNMARRIED SIBLINGS OF AN AMERICAN CITIZEN
C} EACH SUBJECT MUST HAVE IN PHYSICAL POSSESSION ALL
AVAILABLE DOCUMENTS NECESSARY TO ESTABLISH SUCH SPECIAL
FAMILY RELATIONSHIP AND BASIS TO ESTABLISH THAT SUBJECT'S
QUALIFICATION AS AN IMMIGRANT UNDER THE INA WHERE EVER
APPLICABLE.
D} FORM I-94 MUST BE FILLED OUT FOR EACH AND EVERY SUBJECT.
E} EVERY EFFORT SHOULD BE MADE TO ASCERTAIN THAT APPLICANTS
ARE MEDICALLY QUALIFIED, OR IF THEY HAVE A CLASS A CON-
FORD
DITION THAT IT IS WAIVEABLE. APPROPRIATE TRANSPORTATION
ARRANGEMENTS SHOULD BE MADE FOR APPLICANTS WITH CONTAGIOUS
CONDITIONS, SUCH AS ACTIVE PULMONARY TUBERCULOSIS . ANY
GERALD
PERSONS WITH SERIOUS MEDICAL PROBLEMS, INCLUDING WOMEN
LIBRARY
ABOUT TO GIVE BIRTH, SHOLULD BE RETAINED AT CLARK AFB OR
OTHER INTERMEDIATE MILITARY STOP FOR APPROPRIATE MEDICAL
TREATMENT AND CLEARANCE AND/OR APPROPRIATE TRANSPORTATION
{I.E., MEDEVAC}.
F} THE AMERICAN CITIZEN WHO IS IN THE STATED FAMILY
RELATIONSHIP MUST ACCOMPANY THE INTENDED PAROLEES WHEN
THEY DEPART UNLESS CONTINUED PRESENCE OF SUCH AMERICAN
CITIZEN IN VIET-A*NAM IS ESSENTIAL AS DETERMINED BY THE
EMBASSY.
3. LISTS OF THE NAMES OF RELATIVES ELIGIBLE FOR PAROLE
SHOULD BE CABLED TO DEPARTMENT SLUGGED FOR SCA, INS, AND
vo. SUCH LISTS SHOULD ALSO BE PROVIDED TO THE TRANSPORTA-
TION COMPANY CONCERNED WITH A LETTER AUTHORIZING THEIR
TRANSPORTATION WITHOUT VISA TO A U.S. POST OF ENTRY. IT
IS CONTEMPLATED THAT MAJORITY OF POTENTIAL PAROLEES WILL
BE ARRIVING INDEPENDENTLY AT VARIOUS POSTS OF ENTRY,
CONSEQUENTLY THE TRANSPORTATION COMPANIES AND INS PARTIC-
ULARLY SHOULD BE ADVISED AS AVO so AS TO BE ABLE TO
IDENTIFY THOSE CLEARED AND AUTHORIZED TO so TRAVEL BY THE
EMBASSY.
SECRET
FORM DS 322A{0CR}
SECRET
3
4. THE AMERICAN CITIZEN WHO IS IN THE STATED FAMILY
RELATIONSHIP SHOULD BE AWARE THAT HE IS RESPONSIBLE FOR
SUCH PAROLEES INCLUDING THE COST OF TRANSPORTATION- CARE ,
MAINTENANCE AND RESETTLEMENT, ETC.
5. IN ORDER TO MAXIMIZE MANPOWER AND SPACE SUGGEST THAT
PERSONNEL FROM CONGENS CAN THO AND BIEN HOA BE PRESSED
INTO SERVICE AS A SECOND SHIFT TO THE EXTENT SAIGON
CURFEW REGULATIONS PERMIT. YOU SHOULD LASO ASK FOR
ADDITIONAL EMBASSY STAFF, PARTICULARLY LANGUAGE OFFICERS
IF NECESSARY.
6. IN CASE OF VISA APPLICANTS SH ARE CLAIMED BY
FOREIGN SERVICE EMPLOYEES AS DEPENDENTS, PLEASE COORDINATE
WITH EMBASSY PERSONNEL OFFICE OR PERSONNEL OFFICES OF
OTHER AGENCIES. THESE OFFICES CAN ASSIST EMPLOYEES IN
PREPARING AND SUBMITTING NECESSARY FORMS {FOR STATE DEPT
A JF-20} FOR LISTING BONA FIDE DEPENDENTS.
7. FINALLY, WOULD ALSO APPRECIATE IT IF YOU WOULD GIVE
US AS ACCURATE FIGURES AS POSSIBLE ON NUMBER OF ALIEN
DEEPPENDENTS IN CATEGORIES ENUMERATED ABOVE WHO WILL
REQUIRE ENTRY INTO THE UNITED STATES. WE HAVE EXPERIENCED
SOME DIFFICULTY IN RATIONALIZING THE FIGURES GIVEN IN
PARA 2, REFTEL B WITH DAILY 3*E&E STATISTICAL READOUT.
NOTE: TO THE EMBASSY IN MANILA: PLEASE GIVE THE
PHILIPPINE GOVERNMENT THE NECESSARY ASSURANCES THAT ANY
PAROLEES STOPPING IN THE PHILIPPINES ARE THERE TEMPORARILY
AND THAT THE U.S.G. WILL ARRANGE FOR THEIR ONWARD MOVEMENT
WHEN CIRCUMSTANCES PERMIT. YY
FORD
GERALD
AUV8017
SECRET
Camboshins in Thailand 1000 €3000 ?)
in us
1300
in other thank ?
in cambodia
?
3HT
Vutnamess -
TAHT
in 3nd country
justentically in 3nd country
75,000
specific cyrrent evapuations
wholesult was planing only)
- large reals
ЗЯА
extraction
70
T934
after collapse
- peaceful evacuation agreement
- other alternathing
no edmintment - to pawl
YMA
TAHT
we an working Internet i atter
organization
Dr. mais.
Phil Habit 1d are making
Some revisions in the paper on
talking points we will hilf you
in full in the AM.
Are
FORD i LIBRARY GERALD
SECRET
SCA:LWALENTYNOWICZ/AANTIPPAS:SUB
04/13/75
SCA:LWALENTYNOWICZ
NODIS
FORD : LIBRARY CERALD
IMMEDIATE
SAIGON
IMMEDIATE
MANILA
OR
LW
E.O. 11652: GDS
LW/AA
TAGS: AEMR, VS
SUBJECT: E & E AND ALIEN DEPENDENTS OF U.S. CITIZENS
REF: A} SAIGON 4878; B} SAIGON 4829
1. VERY MUCH APPRECIATE YOUR THOUGHTFUL RECOMMENDATIONS
IN THE REFTEL. WE ARE STUDYING YOUR COMMENTS AND WILL
RESPOND IN DETAIL. IN THE MEANTIME WE HAVE SUCCEEDED IN
OBTAINING AUTHORITY FOR A VERY LIMITED RPT VERY LIMITED
PAROLE PROR*GRAM. THIS PROGRAM DEALS ONLY WITH ALIEN
RELATIVES PHYSICALLY PRESENT NOW IN VIET-NAM, OF U.S.
CITIZENS ALSO PHYSICALLY PRESENT NOW IN VIET-NAM. THE
PURPOSE OF THE PROGRAM IS TO ELIMINATE ONE OF THE REASONS
WHY SOME AMERICANS REFUSE TO LEAVE VIET-NAM. IT WILL BE
YOUR RESPONSIBILITY TO MONITOR SUCH PROGRAM AS CAREFULLY
AS POSSIBLE AND YOU SHOULD MAKE AVAILABLE WHATEVER SECURITY
FACILITIES NECESSARY TO PERMIT YOU TO SAY NO REPEAT NO TO
THOSE WHO DON'T QUALIFY.
2. THE CRITERIA OF SUCH A PAROLE PROGRAM IS AS FOLLOWS:
A} EVERY SUBJECT MUST BE PHYSICALLY RPT PHYSICALLY
PRESENT IN VIET-NAM AND MUST HAVE THE SPECIAL FAMILY
RELATIONSHIP HEREAFTER DESCRIBED;
SECRET
KBH6/3/97
FORM DS 322A{0CR}
SECRET
2
B} SUCH FAMILY RELATIONSHIP MUST BE ONE OF THE FOLLOWING
TYPE AS MORE SPECIFICALLY DEFINED IN THE INA AND THE
REGULATIONS:
1} LAWFUL SPOUSE
2} CHILDREN
3} MOTHER OR FATHER OF U.S. CITIZEN
4} MOTHER OR FATHER OF ALIEN SPOUSE
5} MINOR UNMARRIED SIBLINGS OF ALIEN SPOUSE
6} MINOR UNMARRIED SIBLINGS OF AN AMERICAN CITIZEN
C} EACH SUBJECT MUST HAVE IN PHYSICAL POSSESSION ALL
AVAILABLE DOCUMENTS NECESSARY TO ESTABLISH SUCH SPECIAL
FAMILY RELATIONSHIP AND BASIS TO ESTABLISH THAT SUBJECT'S
QUALIFICATION AS AN IMMIGRANT UNDER THE INA WHERE EVER
APPLICABLE.
D} FORM I-94 MUST BE FILLED OUT FOR EACH AND EVERY SUBJECT.
E} EVERY EFFORT SHOULD BE MADE TO ASCERTAIN THAT APPLICANTS
ARE MEDICALLY QUALIFIED, OR IF THEY HAVE A CLASS A CON-
DITION THAT IT IS WAIVEABLE. APPROPRIATE TRANSPORTATION
ARRANGEMENTS SHOULD BE MADE FOR APPLICANTS WITH CONTAGIOUS
CONDITIONS, SUCH AS ACTIVE PULMONARY TUBERCULOSIS. ANY
PERSONS WITH SERIOUS MEDICAL PROBLEMS, INCLUDING WOMEN
ABOUT TO GIVE BIRTH, SHOLULD BE RETAINED AT CLARK AFB OR
OTHER INTERMEDIATE MILITARY STOP FOR APPROPRIATE MEDICAL
TREATMENT AND CLEARANCE AND/OR APPROPRIATE TRANSPORTATION
{I.E., MEDEVAC}.
F} THE AMERICAN CITIZEN WHO IS IN THE STATED FAMILY
RELATIONSHIP MUST ACCOMPANY THE INTENDED PAROLEES WHEN
FORD
THEY DEPART UNLESS CONTINUED PRESENCE OF SUCH AMERICAN
CITIZEN IN VIET-A*NAM IS ESSENTIAL AS DETERMINED BY THE
GERALD
EMBASSY.
LIBRARY
3. LISTS OF THE NAMES OF RELATIVES ELIGIBLE FOR PAROLE
SHOULD BE CABLED TO DEPARTMENT SLUGGED FOR SCA, INS, AND
vo. SUCH LISTS SHOULD ALSO BE PROVIDED TO THE TRANSPORTA-
TION COMPANY CONCERNED WITH A LETTER AUTHORIZING THEIR
TRANSPORTATION WITHOUT VISA TO A U.S. POST OF ENTRY. IT
IS CONTEMPLATED THAT MAJORITY OF POTENTIAL PAROLEES WILL
BE ARRIVING INDEPENDENTLY AT VARIOUS POSTS OF ENTRY,
CONSEQUENTLY THE TRANSPORTATION COMPANIES AND INS PARTIC-
ULARLY SHOULD BE ADVISED AS AVO so AS TO BE ABLE TO
IDENTIFY THOSE CLEARED AND AUTHORIZED TO so TRAVEL BY THE
EMBASSY.
SECRET
FORM DS 322A{0CR}
SECRET
3
4. THE AMERICAN CITIZEN WHO IS IN THE STATED FAMILY
RELATIONSHIP SHOULD BE AWARE THAT HE IS RESPONSIBLE FOR
SUCH PAROLEES INCLUDING THE COST OF TRANSPORTATION CARE,
MAINTENANCE AND RESETTLEMENT, ETC.
5. IN ORDER TO MAXIMIZE MANPOWER AND SPACE SUGGEST THAT
PERSONNEL FROM CONGENS CAN THO AND BIEN HOA BE PRESSED
INTO SERVICE AS A SECOND SHIFT TO THE EXTENT SAIGON
CURFEW REGULATIONS PERMIT. YOU SHOULD LASO ASK FOR
ADDITIONAL EMBASSY STAFF, PARTICULARLY LANGUAGE OFFICERS
IF NECESSARY.
L. IN CASE OF VISA APPLICANTS SH ARE CLAIMED BY
FOREIGN SERVICE EMPLOYEES AS DEPENDENTS, PLEASE COORDINATE
WITH EMBASSY PERSONNEL OFFICE OR PERSONNEL OFFICES OF
OTHER AGENCIES. THESE OFFICES CAN ASSIST EMPLOYEES IN
PREPARING AND SUBMITTING NECESSARY FORMS {FOR STATE DEPT
A JF-20} FOR LISTING BONA FIDE DEPENDENTS.
?. FINALLY, WOULD ALSO APPRECIATE IT IF YOU WOULD GIVE
US AS ACCURATE FIGURES AS POSSIBLE ON NUMBER OF ALIEN
DEEPPENDENTS IN CATEGORIES ENUMERATED ABOVE WHO WILL
REQUIRE ENTRY INTO THE UNITED STATES. WE HAVE EXPERIENCED
SOME DIFFICULTY IN RATIONALIZING THE FIGURES GIVEN IN
PARA 2, REFTEL B WITH DAILY 3*E&E STATISTICAL READOUT.
NOTE: TO THE EMBASSY IN MANILA: PLEASE GIVE THE
PHILIPPINE GOVERNMENT THE NECESSARY ASSURANCES THAT ANY
PAROLEES STOPPING IN THE PHILIPPINES ARE THERE TEMPORARILY
AND THAT THE U.S.G. WILL ARRANGE FOR THEIR ONWARD MOVEMENT
WHEN CIRCUMSTANCES PERMIT. YY
SECRET
a Camboshians in Thailand 1000 (3000?)
in us 1300
in other Hund countries ?
W
m cambodia
?
@ Vutnamese -
in 3nd country
patentially in 3nd currtra
75000
specific current evacuation
wholeself evac, planing only)
- large scale
extraction
after collapse
- placeful evacuation agreement
- other alternaturg
no edmintment 1 to panel
- we an working Internal anto i ath not
organization
THE WHITE HOUSE
Item 4
WASHINGTON
Spouse d Children in 5.Veetnom
of - rendent alims)
10,000
75,000
Item 5
1,707,000
- Dietnam employee.,JUS 164,000
- So Vietuam officials
- Class relatives gus 93,000 catrges
- Formerus employees
850,000
DEPARTMENT OF STATE
WASHINGTON
April 15, 1975
SECRET
MEMORANDUM FOR MR. PHILIP BUCHEN
THE WHITE HOUSE
GERALD FORD LIBRARY
Subject: Need to Parole Refugee from Indochina
SITUATION
The State Department has recommended to the Attorney
General that he exercise his parole authority under
Section 212 (c) (5) of the Immigration and Naturalization
Act for broad categories of Cambodian and Vietnamese
subjects. The Attorney General is requesting the
President's guidance and approval. (The exchange of
correspondence is attached as Tab A.)
The Department of State and the Immigration and
Naturalization Service have begun consultations with the
House and Senate Judiciary Subcommittees.
It is clear that the Congressional Committees have
little or no problem with the use of parole to admit small
numbers of Cambodian subjects who are refugees, particularly
those with close American ties, those South Vietnamese sub-
jects who are relatives and dependents of American citizens
and South Vietnamese persons who are resident aliens of the
U.S. who would ordinarily be entitled to immigrant status
under the INA given the time, opportunity and desire to use
ordinary procedures. On April 13, for instance, the House
Subcommittee agreed to the immediate parole of approximately
3,000 Vietnamese dependents of 1,500 U.S. citizens pre-
sently in Vietnam who would otherwise have refused to leave
that country. This was done to reduce the American presence
there in the event total evacuation became necessary.
SECRET
GDS KBH 6/3/97
SECRET
-2-
Congressional and public controversy will begin to
grow as the numbers of potential parolees increase, as
they will if we undertake an evacuation of any scale of
South Vietnamese even though they may be in a high risk
category. Assistance to the resettlement of Indo-Chinese
refugees in third countries is vital and we have already
obtained the agreement of the United Nations High Com-
missioner for Refugees for such assistance to Cambodians.
(The question of UNHCR help to Vietnamese will be raised
at a later date.)
IMMEDIATE ACTION REQUESTED
In order to fulfill the special obligation described
in the President's April 10 speech to the Congress, while
at the same time limiting public controversy to the
extent possible, we ask that the President request the
Attorney General to use his parole authority to admit
Cambodians and Vietnamese refugees into the United States,
in identifiable categories and in the following order of
priority:
1. Those of the almost 1,000 "Eagle Pull" Cambodians
now in Thailand who may wish to come to the United States.
The Thai Government has made it abundantly clear that it
QAI
urgently desires their onward movement, and our obligation
to this group has not ended with their evacuation from
Cambodia.
2. Several hundred South Vietnamese who arrived at
Clark Air Force Base by American military planes and
001
whose presence there is straining our relationship with
the Philippine Government.
cand.
3. Cambodian diplomats and other refugees in third
countries who are facing foreible return or expulsion, as
in India. (If the worst should come to pass and the
5000
Saigon Government falls, the same parole authority will
50
GPL
be required for Vietnamese diplomats.)
SECRET
SECRET
-3-
4.
Documented Vietnamesé relatives of American
rabigor
citizens in the United States who would otherwise be
admissible under normal immigration procedures and whose
status will be changed to the appropriate INA preference
/ 132,400 forsty
as soon as feasible after their safe arrival here as
parolees.
Hugp
5. In the event of a large-scale evacuation of
South Vietnam, it is possible that as many as 200,000
211,000
Vietnamese to whom we have a moral obligation will require
resettlement. Although every effort will be made to
involve third countries, through international mechanisms
such as the UNHCR, and directly, it is apparent that a
large number will wish to come to the United States. The
Attorney General should be asked to parole those Vietna-
mese who have left their country under such programs as
highrest offam
the President may have authorized for their safety.
50000
The Congress would be consulted and informed at
every step but the urgency of most of these actions will
not permit the luxury of lengthy debate or expectation
of unanimous approval.
2/4/OD 3000
Philip Habib
for
2/1/00
Assistant Secretary
Bureau of East Asian Affairs
Attachment:
Tab A - Acting Secretary's letter to the Attorney General
dated April 5 and the Attorney General's reply
dated April 11.
SECRET
T A B A
DEPARTMENT OF STATE
WASHINGTON
Copies to:
4/5/75 Original hamal delived
S/S-0 Task Force
h
S/R ts General
EA
II
SECRET
L
Chapman of INS 4/5
S/R
MSP
D
NODIS
April 5, 1975
FILE
Dear Mr. Attorney General:
(ek)
Communist overrunning of Cambodia and South
Victnam 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 refugces:
(1) South Victnamese and Cambodians in the United
States who have well-founded fear of persecution if
they return to their countries of nationality.
LIBRAGA GERALD R. FORD
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.
DECLASSIFIED
E.O. 12358 Sec. 3.6
The Honorable
State Dept Guid alexas
Edward H. Levi,
Attorney General.
KBH NABA, Date 6/3/97
MICROFILMED
BY S/S-1
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 (a) (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
Drafted by : FRJomeson:s11 37
Clearances: x28345 4/1/75 SCA - Mr. Recknagel M
L - Mr. Malmborg
EA - Mr. Habib
S/R -- Dr. Kellogen
H - Mr. Coldborg
7507263
Office of the Attorney General
CM
Washington, D. 20530
JURVISIA
April 11, 1975
Secret
The Honorable Robert S. Ingersoll
Deputy Secretary of State
Room 7220, State Department
Washington, D. C.
Dear Mr. Ingersoll:
I am writing in response to your request that I
exercise the parole authority vested in me by Section
212 (d) (5) of the Immigration and Naturalization Act to
permit entry into the United States of the classes of
refugees about whom you have expressed concern.
As you know, prior to receiving your letter; the
Immigration and Naturalization Service decided that it would
not now require the departure of South Vietnamese or Cam-
bodians in the United States. Therefore, the question of
asylum for individuals in this class is not of immediate
importance, but will be addressed if it becomes necessary
to do so.
You have also expressed concern about South Viet-
namese and Cambodians in third countries who are unable to
remain in those countries or who face the threat of forcible
return to their countries of nationality. With regard to
such persons now residing in nations which have signed
the United Nations Convention relating to the Status of
Refugees, we believe it would be appropriate for the United
States to request that such countries fulfill their obliga-
tions under the Convention to permit such persons to remain.
We propose to treat such persons now in non-signatory coun-
tries in the same manner as those presently in South Viet-
nam and Cambodia.
The largest number of people about whom you have
expressed concern are those in South Vietnam and Cambodia
who are in danger of death or persecution. While you indi-
cate that there may be 200,000 people in this category,
&
FORD
GERALD
DECLASSIFIED
LIBRARY
E.O. 12368 Sec. 3.0
State Dept: Guidderes
KBH NABA, Date 6/3/97
Secret
Page 2
Hon. Robert S. Ingersoll
April 11, 1975
other estimates of people to whom the United States may
be deemed to have an obligation have ranged as high as
865,000.
The provisions of the Immigration and Nationality
Act which permit the annual entry of 10,200 refugees from
Communist countries or areas are presently unavailable be-
cause the quota for such refugees for this year has already
been committed. Therefore, you are correct in assuming
that the parole authority vested in the Attorney General
is the only available means of permitting the immediate
entry of refugees at this time. As you know, the parole
authority was not originally intended to be used for classes
of aliens and the Department of Justice informally agreed
to consult, when possible, with the appropriate committees
of Congress if it is to be exercised in this manner.
I understand that there is an immediate question re-
garding parole for 67 South Vietnamese now in the Philippines
and approximately 2,000 Cambodians now in Thailand. I am
advised by the Immigration and Naturalization Service that
while these refugees are likely to present some problems
with regard to the necessary identification, medical clear-
ances, and security clearances, these matters can be handled.
I am willing to exercise my parole power to admit these
refugees if the President confirms that such action would
be consistent with the treatment he would propose for future
applicants who are similarly situated. I will attempt to
obtain his guidance on this question as soon as possible.
Your request that I exercise my parole authority
to permit entry of up to 200,000 people raises important
questions which should be expeditiously, but systematically
resolved before a decision is reached. These concern our
immediate and long range capacity to employ, house, school
and otherwise support varying numbers of refugees and the
proper programs to do so. In addressing these questions,
Secret
Page 3
Hon. Robert S. Ingersoll
April 11, 1975
it may be determined that the United States could not
adequately accommodate every South Vietnamese and Cam-
bodian who may wish to come here. In that case, it may
be necessary to establish priorities among potential
immigrants and procedures to assure that those priorities
are fairly and effectively implemented. I have asked Act-
ing Commissioner Greene of the Immigration and Naturaliza-
tion Service to consult with the State Department on those
matters.
As with the use of the parole authority for the
Cambodians now in Thailand and the South Vietnamese now
in the Philippines, the exercise of the authority for
large numbers of persons now in Vietnam and Cambodia
should follow consultation with the appropriate committees
of Congress and have the approval of the President.
I appreciate the importance of resolving the ques-
tions raised by your request. We look forward to continuing
to work with you to do so.
Sincerely,
Edward H. Levi
Attorney General
CC. Philip Buchen
Counsel to the President
DEPARTMENT OF STATE
ADMINISTRATOR
BUREAU OF SECURITY AND CONSULAR AFFAIRS
WASHINGTON
SECRET
April 16, 1975
MEMORANDUM FOR: Mr. Theodore Marrs
The White House
FROM: Leonard F. Walentynowicz
SUBJECT: Expanding Parole Authority
Pursuant to our telephone conversation late this
afternoon, and your request for further comment, I am
sending you this memorandum to indicate that the State
Department believes it is necessary to have broader
parole authority than that specifically described in
the two proposed cables, attached. We wish to see
included in the cable to Cambodia the authority to
parole Cambodian refugees beyond those specifically
mentioned. We would estimate that the number of
Cambodian refugees is not likely to exceed 3,000
persons. To allay any fear of excessive numbers,
we would be willing to accept, however, a numerical
limitation.
As I am sure the President is aware, that even
though the Attorney General can exercise parole authority
without the concurrence of Congress, as a practical matter
such concurrence is initially desirable as failure to
obtain same might result in Congressional hesitation to
appropriate sufficient funds to care for those persons
who are paroled and who in fact need financial assistance.
This, of course, is of greater significance in connection
with any additional grants of parole dealing with those
Vietnamese who have no family connections in the U.S. and
are considered vulnerable to Communist harm.
Attachments:
As stated.
SECRET-GDS
GERALD R. FORD
KBH 6/3/97
NATIONAL SECURITY COUNCIL
April 16, 1975
MEMORANDUM FOR: MR. RUMSFELD
MR. MARSH
MR. BUCHEN
SUBJECT:
State Department Response to
Query on Waivers for Admission
of Refugees
Attached for your information is a copy of
the State Department response to the questions
raised in Mr. Marsh's memorandum of April 14.
9475 JEANNE W. DAVIS
Staff Secretary
FORD & LIBRARY GERALD
DEPARTMENT OF STATE
Washington, C.C. 20323
April 15, 1975
FORD & GERALD LIBRARY
MEMORANDUM FOR LIEUTENANT GENERAL BRENT SCONCROFT
THE WHITE HOUSE
Subject: Waivers for Admission of Refugees
The information below is submitted in response to
your memorandum of today on the above subject:
Following the suppression of the abortive Hungarian
revolt in the Fall of 1956 over 200,000 Hungarian refu-
gees fled the country, especially to Austria (180,000)
and to Yugoslovia (20,000). Resettlement missions irom
many countries were eager to accept Hungarian refugees,
and the asylum countries - especially Austria -- served
as staging areas. President Eisenhower and the American
people in general were eager to accept a generous quota
of the Hungarians. Fewer than 7,000 refugee visas
remained available, however, under the Refugee Relief
Act of 1953 as amended. These were quickly used for
Hungarians. At this juncture the decision was made to
invoke Section 212 (d) (5) of the Immigration and
Nationality Act in order to parole larger numbers of
Hungarian refugees into the United States.
Section 212 (d) (5) provides inter alia that "The
Attorney General may in his discretion parole into the
United States temporarily under such conditions as he
may prescribe for emergent reasons or for reasons
deemed strictly in the public interest any alien applying
for admission to the United States
"
LIMITED OFFICIAL USE
- 2 -
The sympathetic 85th Congress enacted P.L. 85-559,
which provides for adjustment of status of paroled
Hungarians to that of permanent immigrants to the U.S.
The majority of the refugees were brought in from
Austria into a U.S. staging area, in Camp Kilmer, New
Jersey, administered by the Department of the Army.
The refugees were resettled from Camp Kilmer, primarily
through the efforts of interested voluntary agencies.
A total of 30,701 Hungarian refugees regularized their
status in the United States under P.L. 85-559 during
1958-59. This represented the overwhelming majority of
the Hungarian refugees who were paroled into this country.
The Cuban refugee situation differs from others in
that the United States was the country of first asylum.
From 1957-72 this country admitted 621, 403 Cuban
nationals who fled from Cuba. That exodus was generally
divided into three distinct periods: from the advent of
the Castro government in 1959 to the breaking of diplo-
matic relations in January, 1961; from 1961 until the end
of commercial travel in October, 1962; the subsequent
period. While diplomatic relations existed, Cubans who
wanted to leave Cuba went to the consulate in Havana.
They were issued B-2 (tourist visas) which documented
them and enabled commercial carriers to bring them to
the United States. On arrival (usually Miami) the B-2
visa was cancelled by the Immigration Service (INS) and
they were paroled into the United States under the parole
provisions of the Immigration Act. The B-2 visa was
"pro-forma" documentation to enable travel to commence.
After the break in diplomatic relations, the United
States initially avoided the use of parole for Cubans
fleeing the island and resorted to the device of waiving
the visa requirement on a mass basis on the theory that
each case represented an unforeseen emergency because of
the unavailability of consular services in Cuba. This
program largely terminated at the time of the Cuban
Missile Crisis of 1962 because travel out of Cuba became
impossible.
In October 1962, all commercial transportation
between Cuba and the U.S. ended. The Cuban refugee flow
was reduced to a trickle. In December 1962 the American
Red Cross began sponsoring airflights and vessels which
LIMITED OFFICIAL USE
LIMITED USE
- 3 -
brought Cuban refugees to the United States, primarily
relatives of Cubans already here and prisoners from
the "Bay of Pigs" invasion. These people were directly
paroled.
In 1965, Castro announced that certain Cubans who
wanted to leave were free to do so. President Johnson
responded that the U.S. would accept all. Direct parole
was the method of entry. Some Cubans went to third
countries (primarily Spain) as they were unable to get
places on the airlifts. Those with close relatives in
the U.S. were given "pre-parole" documentation (medicals,
affidavit of support, security clearance) by our consulate
in Madrid. When they arrived at the U.S. port of entry,
they were paroled into the U.S. by INS. In October,
1973, the Attorney General agreed to a one year parole
program for those without close relatives here. Docu-
mentation was prepared by the consulates as with the
pre-parole program, but INS personnel interviewed and
issued the actual parole document in Madrid. Cubans in
the U.S. were received and processed by the Cuban Refugee
Center in Miami run by HEW. The Act of November 2, 1966
enabled Cuban refugees to adjust status to permanent
residents.
Other examples, such as the parole of Soviet Jews
from Rome, can be cited if these are desired.
Carole Gulimen
for
George S. Springsteen
Executive Secretary
MENTER OFFINER USE
HISTORY 07 THE PARCLE AUTHORITY UNDER THE IMIGRATION LANS
Parola 13 a device by which on inadmissible alien seuking entry is permitted
to proceed into the United Scases, but in contempiation of lew 13 considered
to be standing at the water's edge. Ha is not deemed to be in the United
States within the meaning of the expulsion provisions or other provisions of
the Immigration 222 Nationality Act. Standing at the water's edge, as it
ware, 23 any be removed only in exclusion proceedings.
Parele 12 resorted to only ia exceptional situations such as emergent medical
treatment, avoiding unwarranted detention, and prosecution of criminals Te-
turnes to the United States. It has been used iv: refugees and orphans.
The first express statutory authorization for parole appeared in the Imigra-
tion and Bationality Act which become effective December 24, 1952. 1/ The
statuse provides that the Attorney General in his discretion may perole any
alies seeking admission for emergent reasons or for reasons deemed strictly
in the public interest.
Before 1952, parole vas utilized as an administrative expedient. 2/ It's
peculiur states was recognized by the Supreme Court 50 years ago in the case
of Indian V. Tod.
There has never been any question concerning the authority to parcle individ-
usi alless. However, questions have been raised by the Congress concerning
authority to pazole groups 02 aliens, for example, a question was raised
after 224 Russian Orthodox Old Selievers were paroied into the United States
in June 1963. In the House Report on the 1965 Amendments, which established
permenent Regislation for the conditional entry of refugees, the following
statement was made: "The parole provisions were designed to authorize the
Attorney Caneral to act only in emergeat, individual and isolated situations,
such 33 the case of an alien who requires immediate medical attention, and
not for the imigration of classes or groups outside of the limit of the Law. IT
Neverthaless, under the general perole authority of the 1952 Act, larze num-
bers of refugees have been allowed to cose into the United States after, 88
well as before, publication oz the House Report. These include:
Over 30,000 refugees from the 1956 Hungarian Revolution, by direction
of President Biserhower.
Over 600,000 refugees from Cuba who began to come to the United States
in an aimost unbroken streem for more than a decade after the Castro
1/ Section 212(6)(5), ISI Act, 8 3.S.C. 1132(d) (5)
2/ Cuttor of 3, j I&N Dec. 45 (1547)
3/ 117 U.S. 223 (1023)
4.1 = Rept. No. 745, 89th Codg., 1st Ceas., PP. 15-16.
2/
:- the Act of July 14, 1030, statusory authorization for perole of
refugees was specifically proviced. That las expired in 1505.
-2-
takgover in 1959. (In 1005 then he signed into law the abolition of
the National Origins System. Imesident Johnson revived the Cuban parele
program despite the House report.)
15,000 Chinese refugees from Rong Kong, by direction of President
Kennedy in 1062.
6,500 Chachoslovak refunees after the Soviet invasion of that country
in 1968, at the urging of Cougress.
Several hundred Soviet Jews and other minorities to the U.S.S.R., at
the urzing of Congress in 1971.
1,000 stateless Ugandan-Asians, authorized in 1972, at the urgent re-
quest of the State Department.
HISTORY OF THE PAROLE AUTHORITY UNDER THE IMMIGRATION LVB
Perola 13 a device by which on inadmissible alien seeking entry is permitted
to proceed into the United States, but in contemplation of law is considered
to ca standing at the water's edje. Ha is not deemed to be in the United
States within the meaning of the expulsion provisions or other provisions of
the Immigration and Nationality Act. Standing at the water's edge, as it
were,he any be removed only in exclusion proceedings.
Parele is resorted to only in exceptional situations such as emergent medical
treatment, avoiding unwarranted detention, and prosecution of criminals Te-
turned to the United States. It nas also been used for refugees and orphans.
The first express statutory authorization for parole appeared in the Imigra-
tion and Nationality Act which become effective December 24, 1952. The
statuse provides that the Attorney General in his discretion may parole any
alim seeking admission for emergent reasons or for reasons deeped strictly
in the public interest.
Before 1952, parole was utilized as an administrative expedient. 21
It's
peculiar status was recognized by the Supreme Court 50 years rago in the case
cf Inclea T. Tod.
There has never been any question concerning the authority to parcle individ-
usl alless. However, questions have been raised by the Congress concerning
authority to parole groups 02 Aliens. For example, a question was raised
after 224 Russian Orthodox 014 Believers were paroled into the United States
in June 1963. In the Rouse Report on the 1965 Amendments, which established
permanent Regislation for the conditional entry of refugers, the following
statement was made: "The pazole provisions were designed to authorize the
Attorney Ceneral to act only in emergeat, individual and isolated situations,
such as the case of an alien who requires immediate medical attention, and
not for the imigration of classes or groups outside of the limit of the law. n A/
Neverthaless, under the general Darole authority of the 1952 Act, Larze BUST
bers of refunces have been allowed to come into the United States after, as
well as before, publication of the House Report. These include:
Over 30,000 refugees from the 1956 Hungarian Revolution, by direction
of President Siserhower.
Over 600,000 refugees from Cuba who began to case to the United States
in an almost unbroken streem for more than a decade after the Castro
1/ Section 212(d)(5), ISSI Act, 8 J.S.C. 1182(d) (5)
2/ l'atter of 2. 3 I&N Dec. 45 (1547)
3/ 257 U.S. 223 (1025)
4.8 I. Rept. No. 745, 69th Cong., 1st Sess., PP. 15-16.
5/ In the Acc of July 14, 1930, statutory Authorization for parule of
refugees was specifically proviced. That lay contred in 1985.
NATIONAL SECURITY COUNCIL
FORD & LIBRARY GERALD
April 16, 1975
MEMORANDUM FOR: MR. RUMSFELD
MR. MARSH
MR. BUCHEN
SUBJECT:
State Department Response to
Query on Waivers for Admission
of Refugees
Attached for your information is a copy of
the State Department response to the questions
raised in Mr. Marsh's memorandum of April 14.
9475 JEANNE W. DAVIS
Staff Secretary
DEPARTMENT OF STATE
Washington, D.C. 20520
April 15, 1975
MEMORANDUM FOR LIEUTENANT GENERAL BRENT SCOWCROFT
THE WHITE HOUSE
FORD & GERALD LIBRARY
Subject: Waivers for Admission of Refugees
The information below is submitted in response to
your memorandum of today on the above subject:
Following the suppression of the abortive Hungarian
revolt in the Fall of 1956 over 200,000 Hungarian refu-
gees fled the country, especially to Austria (180,000)
and to Yugoslovia (20,000). Resettlement missions from
many countries were eager to accept Hungarian refugees,
and the asylum countries -- especially Austria -- served
as staging areas. President Eisenhower and the American
people in general were eager to accept a generous quota
of the Hungarians. Fewer than 7,000 refugee visas
remained available, however, under the Refugee Relief
Act of 1953 as amended. These were quickly used for
Hungarians. At this juncture the decision was made to
invoke Section 212 (d) (5) of the Immigration and
Nationality Act in order to parole larger numbers of
Hungarian refugees into the United States.
Section 212 (d) (5) provides inter alia that "The
Attorney General may in his discretion parole into the
United States temporarily under such conditions as he
may prescribe for emergent reasons or for reasons
deemed strictly in the public interest any alien applying
for admission to the United States
"
CHICK
LIMITED OFFICIAL USE
- 2 -
The sympathetic 85th Congress enacted P.L. 85-559,
which provides for adjustment of status of paroled
Hungarians to that of permanent immigrants to the U.S.
The majority of the refugees were brought in from
Austria into a U.S. staging area, in Camp Kilmer, New
Jersey, administered by the Department of the Army.
The refugees were resettled from Camp Kilmer, primarily
through the efforts of interested voluntary agencies.
A total of 30, 701 Hungarian refugees regularized their
status in the United States under P.L. 85-559 during
1958-59. This represented the overwhelming majority of
the Hungarian refugees who were paroled into this country.
The Cuban refugee situation differs from others in
that the United States was the country of first asylum.
From 1957-72 this country admitted 621,403 Cuban
nationals who fled from Cuba. That exodus was generally
divided into three distinct periods: from the advent of
the Castro government in 1959 to the breaking of diplo-
matic relations in January, 1961; from 1961 until the end
of commercial travel in October, 1962; the subsequent
period. While diplomatic relations existed, Cubans who
wanted to leave Cuba went to the consulate in Havana.
They were issued B-2 (tourist visas) which documented
them and enabled commercial carriers to bring them to
the United States. On arrival (usually Miami) the B-2
visa was cancelled by the Immigration Service (INS) and
they were paroled into the United States under the parole
provisions of the Immigration Act. The B-2 visa was
"pro-forma" documentation to enable travel to commence.
After the break in diplomatic relations, the United
States initially avoided the use of parole for Cubans
fleeing the island and resorted to the device of waiving
the visa requirement on a mass basis on the theory that
each case represented an unforeseen emergency because of
the unavailability of consular services in Cuba. This
program largely terminated at the time of the Cuban
Missile Crisis of 1962 because travel out of Cuba became
impossible.
In October 1962, all commercial transportation
between Cuba and the U.S. ended. The Cuban refugee flow
was reduced to a trickle. In December 1962 the American
Red Cross began sponsoring airflights and vessels which
LIMITED OFFICIAL USE
&
FORD
GERALD
LIBRARY
LIMITED USE
- 3 -
brought Cuban refugees to the United States, primarily
relatives of Cubans already here and prisoners from
the "Bay of Pigs" invasion. These people were directly
paroled.
In 1965, Castro announced that certain Cubans who
wanted to leave were free to do so. President Johnson
responded that the U.S. would accept all. Direct parole
was the method of entry. Some Cubans went to third
countries (primarily Spain) as they were unable to get
places on the airlifts. Those with close relatives in
the U.S. were given "pre-parole" documentation (medicals,
affidavit of support, security clearance) by our consulate
in Madrid. When they arrived at the U.S. port of entry,
they were paroled into the U.S. by INS. In October,
1973, the Attorney General agreed to a one year parole
program for those without close relatives here. Docu-
mentation was prepared by the consulates as with the
pre-parole program, but INS personnel interviewed and
issued the actual parole document in Madrid. Cubans in
the U.S. were received and processed by the Cuban Refugee
Center in Miami run by HEW. The Act of November 2, I966
enabled Cuban refugees to adjust status to permanent
residents.
Other examples, such as the parole of Soviet Jews
from Rome, can be cited if these are desired,
Carole Galimen
for
George S. Springsteen
Executive Secretary
LIMITED OFFICIAL USE
GERALD FORD
use of
n
HISTORY OF THE PARCLE AUTHORITY UNDER THE DEMIGRATION LAW3
Parols is a device by which on inadmissible alien seeking entry 1s permitted
to proceed into the United States, but in contemplation of law is considered
to be standing at the water's edge. Ha is not deemed to be in the United
States within the meaning of the expulsion provisions or other provisions of
the Immigration and Nationality Act. Standing at the water's edge, as it
Mare, he any be removed only in exclusion proceedings.
Parale La resorted to only is exceptional situations such as emergent medical
treatment, svoiding unwarranted detention, and prosecution of criminals re-
turned to the United States, It has also been used for refugees and orphans.
The first express statutory authorization for parole appeared in the Imigra-
tion and Nationality Act which become effective December 24, 1952. 1/ The
statute provides that the Attorney General in his discretion may parole any
alien seeking admission for emergent reasons or for reasons deemed strictly
in the public interest.
Before 1952, parole vas utilized as an administrative expedient. 2/ It's
peculiur status was recognized by the Supreme Court 50 years ago in the case
of Enclen V. Tod.
There has never been any question concerning the authority to parcle individ-
usi alless. However, questions have been raised by the Congress concerning
authority to pazole groups oz aliens. For example, a question was raised
after 224 Russian Orthodox Old Selievers were paroied into the United States
in June 1963. In the House Report on the 1965 Amendments, which established
permenent Legislation for the conditional entry of refugees, the following
statement was made: "The parole provisions were designed to authorize the
Attorney General to act only in emergent, individual and isolated situations,
such as the case of an alien who requires immediate medical attention, and
not for the imigration of classes or groups outside of the limit of the Law.
Neverthaless, under the general perole authority of the 1952 Act, large num-
hers of refunses have been allowed to chose into the United States after, as
well as before, publication of the House Report. These include:
Over 30,000 refugees from the 1956 Hungarian Revolution, by direction
of President Eiserhower.
Over 600,000 refugees from Cuba who began to come to the United States
in an almost unbroken streem for more than a decade after the Castro
FORD
1/ Section 212(d)(5), ISN Act, 8 U.S.C. 1182(d)(5)
i
2/ Uniter of 3, 3 I&N Dec. 45 (1947)
,WALD
LIBRARY
3/ 257 U.S. 223 (1925)
41 I. Rept. No. 745, 89th Cong.: lst Sess., PP. 15-16.
5/ 10 the Act of July 14, 1950, statutory authorization for parola of
refugees was specifically provided. That law expired in 1965.
-2-
takeover in 1959. (In 1005 then he signed into lev the abolition of
the National Origina System. President Johnson revived the Cuban parole
program despite the House report.)
15,000 Chinese refugees from Hong Kong, by direction of President
Kennedy in 1962.
6,500 Chechoslovak refugees after the Soviet invasion of that country
in 1968, at the urzing of Cougress.
Several hundred Soviet Jews and other minorities in the U.S.S.R., at
the urging of Congress in 1971.
1,000 stateless Ugandan-Asians, authorized in 1972, at the urgent re-
quest of the State Department.
FORD is LIBRARY GERALD
HISTORY 07 THE PAROLE AUTHORITY UNDER THE IMMIGRATION LAW3
Parola is a device by which on inadmissible alien seeking entry is permitted
to proceed into the United States, but in contemplation of law is considered
to be standing at the water's edge. Ha is not deemed to be in the United
States within the meaning of the expulsion provisions or other provisions of
the Immigration and Nationality Act. Standing at the water's edge, as it
ware, be any be removed only in exclusion proceedings.
Parele is resorted to only in exceptional situations such as emergent medical
treatment, avoiding unwarranted detention, and prosecution of criminals re-
turned to the United States. It has also been used for refugees and orphans.
The first express statutory authorization for parole appeared in the Imigra-
tion and Nationality Act which become effective December 24, 1952. The
statute provides that the Attorney General in his discretion may parole any
alion seeking admission for emergent reasons or for reasons deemed strictly
in the public interest.
Before 1952, parole was utilized as an administrative expedient.
21
It's
peculiar status was recognized by the Supreme Court 50 years ago in the case
of Irolan V. Tod.
There has never been any question concerning the authority to parcle individ-
usl aliess. However, questions have been raised by the Congress concerning
authority to pazole groups 02 aliens. For example, a question was raised
after 224 Russian Orthodox Old Selievers were paroled into the United States
in June 1963. In the House Report on the 1965 Amendments, which established
permanent Legislation for the conditional entry of refugees, the following
statement 533 made: "The parole provisions were designed to authorize the
Attorney Ceneral to act only in emergent, individual and isolated situations,
such as the case of an alien who requires imediate medical attention, and
not for the imigration of classes or groups outside of the limit of the Law.
Neverthaless, under the general perole authority of the 1952 Act, large num-
hers of refugees have been allowed to come into the United States after, as
well as before, publication of the House Report. These include:
Over 30,000 refugees from the 1956 Hungarian Revolution, by direction
of President Eiserhower.
Over 600,000 refugees from Cuba who began to come to the United States
in an almost unbroken streem for more than a decade after the Castro
FORD
1/ Section 212(d)(5), I&I Act, 8 3.3.C. 1182(d)(5)
2/ lintter of R, 3 I&N Dec. 45 (1547)
GERALD
LIBRARY
3/ 257 U.S. 223 (1925)
6.1 2. Rept. No. 745, 89th Cong., lst Sess., PP. 15-16.
5/ In the Act of July 14, 1930, statutory authorization for parola of
refugees was specifically provided. That law expired in 1565.
FORD
GERRLD
HISTORY OF THE USE OF PAROLE
LIBRARY
Parole is a device by which an inadmissible alien seeking
entry is permitted to proceed into the United States, but
in contemplation of law is considered to be standing at
the water's edge. He is not deemed to be in the United
States within the meaning of the expulsion provisions or
other provisions of the Immigration and Nationality Act.
Standing at the water's edge, as it were, he may be re-
moved only in exclusion proceedings.
Parole is resorted to only in exceptional situations such
as emergent medical treatment, avoiding unwarranted deten-
tion, and prosecution of criminals returned to the United
States. It has also been used for refugees and orphans.
The first express statutory authorization for parole
appeared in the Immigration and Nationality Act which
became effective December 24, 1952. The statute provides
that the Attorney General in his discretion may parole any
alien seeking admission for emergent reasons or for reasons
deemed strictly in the public interest.
Before 1952, parole was utilized as an administrative
expedient.
2/ It's peculair status was recognized by the
Supreme Court 50 years ago in the case of Kaplan v. Tod.
There has never been any question concerning the authority
to parole individual aliens, However, questions have been
raised by the Congress concerning authority to parole groups
of aliens. For example, a question was raised after 224
Russian Orthodox Old Believers were paroled into the United
States in June 1963. In the House Report on the 1965 Amend-
ments, which established permanent Legislation for the con-
ditional entry of refugees, the following statement was made:
"The parole provisions were designed to authorize the Attorney
General to act only in emergent, individual and isolated situa-
tions, such as the case of an alien who requires immediate medi-
cal attention, and not for the immigration of classes or groups
outside of the limit of the law. " 47
Nevertheless, under the general parole authority of the 1952
Act, large numbers of refugees have been allowed to come into
the United States after, as well as before publication of the
House Report. 5,5 These include:
Over 30,000 refugees from the 1956 Hungarian Revolution,
by direction of President Eisenhower.
Over 600,000 refugees from Cuba who began to come to the
United States in an almost unbroken stream for more than
a decade after the Castro takeover in 1959. (In 1965 when
-2-
FORD
GERALD
he signed into law the abolition of the National
LIBRARY
Origins System, President Johnson revived the Cuban
parole program despite the House report.)
15,000 Chinese refugees from Hong Kong, by direction
of President Kennedy in 1962.
6,500 Czechoslovak refugees after the Soviet invasion
of that country in 1968, at the urging of Congress.
Several hundred Soviet Jews and other minorities in
the U.S.S.R., at the urging of Congress in 1971.
1,000 stateless Ugandan-Asians, authorized in 1972,
at the urgent request of the State Department.
Following the suppression of the abortive Hungarian revolt
in the Fall of 1956 over 200,000 Hungarian refugees fled
the country, especially to Austria (180,000) and to Yugo-
slovia (20,000). Resettlement missions from many countries
were eager to accept Hungarian refugees, and the asylum
countries -- especially Austria -- served as staging areas.
President Eisenhower and the American people in general were
eager to accept a generous quota of the Hungarians. Fewer
than 7,000 refugee visas remained available, however, under
the Refugee Relief Act of 1953 as amended. These were quickly
used for Hungarians. At this juncture the decision was made
to invoke Section 212 (d) (5) of the Immigration and National-
ity Act in order to parole larger numbers of Hungarian refu-
gees into the United States.
The sympathetic 85th Congress enacted P.L. 85-559, which
provides for adjustment of status of paroled Hungarians
to that of permanent immigrants to the U.S. The majority of
the refugees were brought in from Austria into a U.S. staging
area, in Camp Kilmer, New Jersey, administered by the Depart-
ment of the Army. The refugees were resettled from Camp
Kilmer, primarily through the efforts of interested voluntary
agencies. A total of 30,701 Hungarian refugees regularized
their status in the United States under P.L. 85-559 during
1958-59. This represented the overwhelming majority of the
Hungarian refugees who were paroled into this country.
The Cuban refugee situation differs from others in that the
United States was the country of first asylum. From 1957-
72 this country admitted 621,403 Cuban nationals who fled
from Cuba. That exodus was generally divided into three
distinct periods: from the advent of the Castro government
in 1959 to the breaking of diplomatic relations in January
1961; from 1961 until the end of commercial travel in
October, 1962; the subsequent period. While diplomatic
-3-
relations existed, Cubans who wanted to leave Cuba went to
the consulate in Havana. They were issued B-2 (tourist
visas) which documented them and enabled commercial carriers
to bring them to the United States. On arrival (usually
Miami) the B-2 visa was cancelled by the Immigration Service
(INS) and they were paroled into the United States under the
parole provisions of the Immigration Act. The B-2 visa was
"pro-forma" documentation to enable travel to commence.
After the break in diplomatic relations, the United States
initially avoided the use of parole for Cubans fleeing the
island the resorted to the device of waiving the visa re-
quirement on a mass basis on the theory that each case
represented an unforeseen emergency because of the unavail-
ability of consular services in Cuba. This program largely
terminated at the time of the Cuban Missile Crisis of 1962
because travel out of Cuba became impossible.
In October 1962, all commercial transportation between Cuba
and the U.S. ended. The Cuban refugee flow was reduced to
a trickle. In December 1962 the American Red Cross began
sponsoring airflights and vessels which brought Cuban refu-
gees to the United States, primarily relatives of Cubans
already here and prisoners from the "Bay of Pigs" invasion.
These people were directly paroled.
In 1965, Castro announced that certain Cubans who wanted to
leave were free to do SO. President Johnson responded that
the U.S. would accept all. Direct parole was the method of
entry. Some Cubans went to third countries (primarily Spain)
as they were unable to get places on the airlifts. Those with
close relatives in the U.S. were given "pre-parole" documenta-
tion (medicals, affidavit of support, security clearance) by
our consulate in Madrid. When they arrived at the U.S. port
of entry, they were paroled into the U.S. by INS. In October,
1973, the Attorney General agreed to a one year parole pro-
gram for those without close relatives here. Documentation
was prepared by the consulates as with the pre-parole program,
but INS personnel interviewed and issued the actual parole
document in Madrid. Cubans in the U.S. were received and
processed by the Cuban Refugee Center in Miami run by HEW.
The Act of November 2, 1966 enabled Cuban refugees to adjust
status to permanent residents.
&
FORD
LIBRARY
DECRET
KBH 6/3/97
ACTION: IMMEDIATE CAHBODIA
INFO:
ALL OTHER EAST ASIAN AND PACIFIC DIPLOMATIC
AND CONSULAR POSTS
EO 11652:GDS
Tags: CVIS; SREF; VN, US
SUBJECT: Parole of Cambodians in Thailand
REF: State
GERALD R. FORD LIBRAST
la. We understand from your cable No. 6282 that the US evacuated 983
cambodians. Parole has been authorized for those Cambodians who have
in fact been evacuated by the US provided they express a desire to come
to the United States and are processed in accordance with the procedure
set forth below. Any other Cambodians whom you believe should be authorized
to come to the United States as parolees because of extraordinary circum-
stances should be rpported with identifying data and pertinent facts on
an individual basis for consideration.
2a. All grounds of inadmissibility set forth in section 212(a)
of Act other than (14), (15), (20), (21) and (26) will apply to all
aliens. An ineligibility which could be waived pursuant to section
212(s), (h), or (1) in a normal IV case is deemed to be overcome for pur-
poses of parole. Daller grounds of inadmissibility are not waived and pra-
clude parole for aliens concerned. Consular officer should make every pos-
sible effort to satisfy himself of alien's admissibility in each case.
b. All aliens should be encouraged to make every effort to present
and carry paspport, birth certificate, or other appropriate identity docu-
ments.
C. Every alien approved for perole pursuant to the authority in
SECRET
- 2-
dhis telegram shall be given a letter addressed to INS officer-in-charge
at port of entry stating that parole authorized. Letter should contain
name and DPOD of alien. Also attach to letter photograph of alien and
affix impression seal thereto.
d. All parolees should be advised that if financially able, they
or their sponsor are responsible for the cost of transportation, care,
maintenance, and resettlement, etc. In addition all paroless should
understand that perole is simply a temporary admission into the US and
that each of them still have to adjust their status and qualify as
lawful imsigrants under us law.
e. Every alien who will be paroled under this authority must have
properly completed form I-94 (parole edition, if available) ready for
submission to INS upon arrival at port of entry. Department assumes,
however, that this can be handled while aliens enroute to US and requests
that Embassy emphasize to carriers necessity of proper completion of
process.
f. Department quite concerned about possible medical problems
among parolees. Appropriate special travel arrangements must be made
for any pareles having active pulmonary tuberculosis. Any other persons
with serious medical problems, including wasen about to give birth, should
be referred to and retained at Clark AFB or other intermediate military
stop for medical treatment and clearance and/or appropriate transportation
(i.e., MEDEVAC).
FORD
LIBRARY
SECRET
KBH 6/3/97
ACTION: IMMEDIATE SAIGON
INFO:
ALL OTHER EAST ASIAN AND PACIFIC DIPLOMATIC
AND CONSULAR POSTS
EO 11652:GDS
Tags: CVIS; SREF; VN, US
SUBJECT:
REF: State
1. In additional, but still very limited rpt very limited parole
authorization has been granted for certain relatives of persons who are
US citizens or Vietnamese permanent resident aliens, but who are not
physically present in Viet-Nam, provided the aliens are desirous of
travelling to the US.
2. Classes of aliens to whom this parole authority applies are -
a. beneficiaries of approved immediate relative or first, second and
fourth preference patitions; and
b. beneficiaries of approved fifth preference petitions who are
unmarried and under twenty-one years of age; and
c. parents of Vietnamese permanent resident aliens provided conditions
set forth in para 4 below are met; and
d. aliens entitled to derivative immigrant status (under Sec. 203(a) (9))
from categories a, b, and c above.
LIBRARY GERALD R. FORD
SECRET
- 2 -
3. In cases involving beneficiaries of approved petitions, petition
or notice of approval thereof must be received at EMbassy prior to alien's
departure from Viet-Nam.
4. Before parents of permanent resident aliens (see par. 2(c) above)
may qualify for parole relationship to and status of permanent resident
must be established. Department foresees possible problems in informing
resident aliens of need to file Form I-550 with INS for verification of
status. Department and INS prepared assist in this process if Embassy
can cable names and US address of resident aliens in such cases. Would
appreciate Embassy's comments as to feasibility of this proposal.
5. All grounds of inadmissibility set forth in section 212(a) of Act other
than (14), (15), (20), (21) and (26) will apply to aliens in authorized
categories. An ineligibility which could be waived pursuant to section 212(g),
(h) or (i) in a normal IV case is deemed to be overcome for purposes of parole.
Other grounds of inadmissibility are not waived and preclude parole for
aliens concerned. Consular officer should make every possible effort to
satisfy himself of alien's admissibility in each case.
GERALD R. FORD LIBRAPT
SECRET
-3-
6. Every alien who will be paroled under this authority must have properly
completed form I-94 (parole edition, if available) ready for submission to
INS upon arrival at port of entry. Department assumes, however, that this
can be handled while aliens enroute to US and requests that Embassy emphasize
S
to carriers necessity of proper completion of forms.
3. Lists of the names with date and place of birth of relatives eligible
for parole should be cabled daily to Department slugged for SCA, INS, and vo.
Such lists should also be provided to the transportation company concerned
with a letter authorizing their transportation without visa to a US port of
entry. It is contemplated that majority of potential parolees will be arriving
independently at various ports of entry, consequently the transportation com-
panies and INS particularly should be advised as above so as to be able to
identify those cleared and authorized to so travel by the Embassy. Embassy
should use its discretion as to when to issue group or individual letters
authorizing such travel, as long as the letters adequately serve the above-
stated purpose.
8. All parolees should be advised that they dor their sponsor are responsible
for the cost of transportation, care, maintemance, and resettlement, etc. In
addition all parolees should understand that parole is simply a temporary admis-
sion into the US and that each of them still have to adjust their status and
qualify as lawful immigrants under US law.
LIBRARY GERALD R. FORD
SECRET
-4-
9. Department quite concerned about possible medical problems among parolees.
Appropriate special travel arrangements must be made for any parolee having
active pulmonary tuberculosis. Any other persons with serious medical prob-
lems, including women about to give birth, should be referred to and retained
at Clark AFB or other intermediate military stop for medical treatment and
clearance and/or appropriate transportation (i.e., MEDEVAC).
10. Again it will be your responsibility to mindtor this program as care-
fully as possible. Failure to do so will result in adverse reaction so as
to prevent any further extension of parole authority to any other groups of
aliens that could be considered in future. Emphasize this again to military
and other functionaries who for reasons of compassion and otherwise are per-
mitting undocumented aliens, not potentially qualified as immigrants, to
board military transports.
LIBRARY GERALD R. FORD
SCA/VO:CDScully;JArias;Acg 4/16/75