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Immigration and Naturalization (7 of 13)
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118568556
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Immigration and Naturalization (7 of 13)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: Immigration and Naturalization
(7 of 13)
Box: 28
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection: ROBERTS, JOHN G.: Files
Archivist: kdb/srj
File Folder: Immigration & Naturalization [7] OA12662
Date: 2/12/98
12660
DOCUMENT
SUBJECT/TITLE
DATE
RESTRICTION
NO. AND TYPE
1. memo
Roberts toBranden Blum re: testimony: Immigration
4/19/85
PS
and Naturalization Service before committee on the
00 12/14/00
Judiciary. 1p.
RESTRICTION CODES
Photocopied at the Ronald Reagan Library
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P-1 National security classified information [(a)(1) of the PRA].
F-1 National security classified information [(b)(1) of the FOIA].
P-2 Relating to appointment to Federal office [(a)(2) of the PRA].
F-2 Release could disclose internal personnel rules and practices of an agency [(b)(
of
P-3 Release would violate a Federal statute [(a)(3) of the PRA].
FOIA].
P-4 Release would disclose trade secrets or confidential commercial or financial information
F-3 Release would violate a Federal statue [(b)(3) of the FOIA].
[(a)(4) of the PRA].
F-4 Release would disclose trade secrets or confidential commercial or financial inf
P-5 Release would disclose confidential advice between the President and his advisors, or
[(b)(4) of the FOIA].
between such advisors [(a)(5) of the PRA].
F-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)
B
P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of
FOIA].
the PRA].
F-7 Release would disclose information compiled for law enforcement purposes [(b
the FOIA].
C. Closed in accordance with restrictions contained in donor's deed of gift.
F-8 Release would disclose information concerning the regulation of financial institu
[(b)(8) of the FOIA].
F-9 Release would disclose geological or geophysical information concerning wells = = =
the FOIA].
THE WHITE HOUSE
WASHINGTON
July 16, 1985
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL 012R TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
DOJ Draft Report on S. 1074, the
"Immigrant Repatriation Study Act"
Counsel's Office has reviewed the above-referenced draft
report, and finds no objection to it from a legal
perspective.
326065
ID #.
CU
N ]
WHITE HOUSE
IM
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H - INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: James C mun
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: DOJ draft report an 51074 the Immigrant
Repatriation Study act"
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR 85,07,01ex:
/
/
Referral Note:
CUAT 18
R
85,07,02
5 85,07,18
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
-
Referral Note:
/ /
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D . Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
EXECUTIVE OFFICE OF THE PRESIDENT
OF THAT UNITED
OFFICE OF management AND BUDGET
WASHINGTON, D.C. 20503
SPECIAL
July 1, 1985
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Department of State
Department of Health and Human Services
National Security Council
Department of Transportation
326065 cel
SUBJECT:
DOJ draft report on S. 1074, the "Immigrant Repatriation
Study Act"
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than
Friday, July 19, 1985
Direct your questions to Branden Blum (395-3454), the legislative
attorney in this office.
James USM C. Murr for
Assistant Director for
Legislative Reference
Enclosure
CC: T. Treacy
S. Brentlinger
S. Gates
J. Weinberg
F. Fielding
J. Cooney
U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
82-0120 - meb:am
Office of the Assistant Attorney General
Washington, D.C. 20530
Honorable Strom Thurmond
Chairman, Committee on the Judiciary
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This is in response to your request for the views of the
Department of Justice on S.1074, a bill to study the problems of
indigent, elderly immigrants who wish to return to their home
countries but cannot afford to pay the transportation costs to do
SO. The Department of Justice recommends against enactment of
this legislation.
The bill directs the Attorney General to study the problems of
indigent, elderly immigrants who may wish to return to their home
countries but cannot afford to pay the cost of travel. The
Attorney General is directed to conduct a study to determine the
number of such immigrants, the cost of such a program, the
options for financing such a program, and the advantages or
disadvantages of requiring the government to ensure that a
repatriated immigrant's health and welfare will be protected upon
return to his or her country. The bill further requires the
Attorney General to determine whether and to what extent the
repatriation program in the State of Hawaii should be used as a
model for a similar Federal program.
Section 250 of the Immigration and Nationality Act grants the
Attorney General the authority to remove from the United States
any alien who falls into distress or who needs public aid from
causes arising subsequent to his entry, and is desirous of being
so removed, to the native country of such alien, or to the
country from which he came, or to the country of which he is a
citizen or subject, or to any other country to which he wishes to
go and which will receive him, at the expense of the
appropriation for the enforcement of the Act. We believe that
this section of the current law adequately provides for those
indigent and elderly immigrants sought to be protected in the
proposed legislation.
With regard to the study required by the proposed bill, many of
the items to be studied are not within the purview of the
Immigration and Naturalization Service. For example, the
Attorney General is directed to study the cost savings from the
-2-
termination of public benefits to which the repatriated
immigrants would no longer be entitled. These programs, such as
supplemental security income, food stamps, etc., are operated by
other Federal and State agencies.
Further, the Department of Justice opposes requiring the -Federal
Government to attempt to ensure that a repatriated immigrant's
health and welfare will be protected upon return to the native
country. Such an undertaking is not within the purview of the
Department of Justice.
The Office of Management and Budget has advised this Department
that there is no objection to the submission of this report from
the standpoint of the Administrations program.
Sincerely,
Phillip D. Brady
Acting Assistant Attorney General
Office of Legislative and
Intergovernmental Affairs
THE WHITE HOUSE
WASHINGTON
June 13, 1985
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL 032 THE PRESIDENT
SUBJECT:
DOJ and INS Draft Testimony on S. 1200,
Immigration Reform and Control Act of 1985
Counsel's Office has reviewed the above-referenced
testimony, and finds no objection to it from a legal
perspective.
ID #
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 * OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: James C. mun
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: DOJ and INS draft testimony an S. 1200, the
Immigration Refarm and Control act of 1985
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CHAROLL
ORIGINATOR 85,06,12
/
/
Referral Note:
OUAT 18
R 85 106112
$5,06,13
Referral Note:
/ pm
/
/
/ /
-
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES
DISPOSITION CODES:
A. Appropriate Action
I Into Copy Only/No Action Necessary
A - Answered
C Completed
C Comment/Recommendation
R. Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S - For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
INS FILE
DEPARTMENT OF STATE
Information Sheet
CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS
Section 221(g) of the Immigration and Nationality Act reads as follows:
"No visa or other documentation shall be issued to an alien if (1) it appears to the consular
officer, from statements in the application, or in the papers submitted therewith, that such alien
is ineligible to receive a visa or such other documentation under section 212, or any other pro-
visions of law, (2) the application fails to comply with the provisions of this Act, or the reg-
ulations issued thereunder, or (3) the consular officer knows or has reason to believe that such
alien is ineligible to receive a visa or such other documentation under section 212, or any other
provision of law: Provided, That a visa or other documentation may be issued to an alien who is
within the purview of section 212(a)(7), or section 212(a)(15), if such alien is otherwise entitled
to receive a visa or other documentation, upon receipt of notice by the consular officer from the
Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens
admitted under section 213: Provided further, That a visa may be issued to an alien defined in
section 101(a)(15)(B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt
of a notice by the consular officer from the Attorney General of the giving of a bond with suffi-
cient surety in such sum and containing such conditions as the consular officer shall prescribe,
to insure that at the expiration of the time for which such alien has been admitted by the Attorney
General, as provided in section 214(a), or upon failure to maintain the status under which he was
admitted, or to maintain any status subsequently acquired under section 248 of the Act, such
alien will depart from the United States."
Section 212(e) of the Immigration and Nationality Act reads as follows:
"No person admitted under section 101(a)(15)(J) or acquiring such status after admission (i)
whose participation in the program for which he came to the United States was financed in whole
or in part, directly or indirectly, by an agency of the Government of the United States or by the
government of the country of his nationality or his last residence, (ii) who at the time of ad-
mission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country
which the Secretary of State, pursuant to regulations prescribed by him, had designated as clearly
requiring the services of persons engaged in the field of specialized knowledge or skill in which
the alien was engaged, or (iii) who came to the United States or acquired such status in order to
receive graduate medical education or training, shall be eligible to apply for an immigrant visa,
or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section
101(a)(15)(L) until it is established that such person has resided and been physically present in
the country of his nationality or his last residence for an aggregate of at least two years follow-
ing departure from the United States: Provided, That upon the favorable recommendation of the
Secretary of State, pursuant to the request of an interested United States Government agency, or
of the Commissioner of Immigration and Naturalization after he has determined that departure from
the United States would impose exceptional hardship upon the alien's spouse or child (if such
spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien
cannot return to the country of his nationality or last residence because he would be subject to
persecution on account of race, religion, or political opinion, the Attorney General may waive the
requirement of such two-year foreign residence abroad in the case of any alien whose admission to
the United States is found by the Attorney General to be in the public interest: And provided
further, That, except in the case of an alien described in clause (iii), the Attorney General may,
upon the favorable recommendation of the Secretary of State, waive such two-year foreign residence
requirement in any case in which the foreign country of the alien's nationality or last residence
has furnished the Secretary of State a statement in writing that it has no objection to such waiver
in the case of such alien."
Section 212(a) of the Immigration and Nationality Act reads as follows:
"Except as otherwise provided in this Act, the following classes of a liens shall be ineligible
to receive visas and shall be excluded from admission into the United States:
"(1) Aliens who are mentally retarded;
"(2) Aliens who are insane;
"(3) Aliens who have had one or more attacks of insanity;
"(4) Aliens afflicted with psychopathic personality, or sexual deviation, or a mental defect;
"(5) Aliens who are narcotic drug addicts or chronic alcoholics;
"(6) Aliens who are afflicted with any dangerous contagious disease;
"(7) Aliens not comprehended within any of the foregoing classes who are certified by the ex-
amining surgeon as having a physical defect, disease, or disability, when determined by the consu-
lar or immigration officer to be of such a nature that it may affect the ability of the alien to
earn a living, unless the alien affirmatively establishes that he will not have to earn a living;
"(8) Aliens who are paupers, professional beggars, or vagrants;
Letter
1-79
DSL-851
- 2 -
"(9) Aliens who have been convicted of a crime involving moral turpitude (other than a purely
political offense), of aliens who admit having committed such a crime, or aliens who admit committing
acts which constitute the essential elements of such a crime; except that aliens who have committed
only one such crime while under the age of eighteen years may be granted a visa and admitted if the
crime was committed more than five years prior to the date of the application for a visa or other
documentation, and more than five years prior to date of application for admission to the United
States, unless the crime resulted in confinement in a prison or correctional institution, in which
case such alien must have been released from such confinement more than five years prior to the date
of the application for a visa or other documentation, and for admission, to the United States. Any
alien who would be excludable because of the conviction of a misdemeanor classifiable as a petty
offense under the provisions of section 1(3) of title 18, United States Code, by reason of the
punishment actually imposed, or who would be excludable as one who admits the commission of an of-
fense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, United
States Code, by reason of the punishment which might have been imposed upon him, may be granted a
visa and admitted to the United States if otherwise admissible: Provided, That the alien has comitt-
ed only one such offense, or admits the commission of acts which constitute the essential elements
of only one such offense.
"(10) Aliens who have been convicted of two or more offenses (other than purely political offenses),
regardless of whether the conviction was single trial or whether the offenses arose from a single
scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the
aggregate sentences to confinement actually imposed were five years or more;
"(11) Aliens who are polygamists or who practice polygamy or advocate the practice of polygamy;
"(12) Aliens who are prostitutes or who have engaged in prostitution, or aliens coming to the
United States solely, principally, or incidentally to engage in prostitution; aliens who directly
or indirectly procure or attempt to procure, or who have procured or attempted to procure or to im-
port, prostitutes or persons for the purpose of prostitution or for any other immoral purpose; and
aliens who are or have been supported by, or receive or have received, in whole or in part, the
proceeds of prostitution or aliens coming to the United States to engage in any other unlawful
commercialized vice, whether or not related to prostitution;
"(13) Aliens coming to the United States to engage in any immoral sexual act;
"(14) Aliens seeking to enter the United States, for the purpose of performing skilled or unskilled
labor, unless the Secretary of Labor has determined and certified to the Secretary of State and to
the Attorney General that (A) there are not sufficient workers who are able, willing, qualified (or
equally qualified in the case of aliens who are members of the teaching profession or who have ex-
ceptional ability in the sciences or the arts), and available at the time of application for a visa
and admission to the United States and at the place where the alien is to perform such skilled or
unskilled labor, and (B) the employment of such aliens will not adversely affect the wages and
working conditions of the workers in the United States similarly employed. The exclusion of aliens
under this paragraph shall apply to preference immigrant aliens described in section 203(a)(3) and
(6), and to nonpreference immigrant aliens described in section 203(a)(8);
"(15) Aliens who, in the opinion of the consular icer at the time of application for a visa,
or in the opinion of the Attorney General at the time of application for admission, are likely at
any time to become public charges;
"(16) Aliens who have been excluded from admission and deported and who again seek admission
within one year from the date of such deportation, unless prior to their reembarkation at a place
outside the United States or their attempt to be admitted from foreign contiguous territory the
Attorney General has consented to their reapplying for admission;
"(17) Aliens who have been arrested and deported, or who have fallen into distress and have been
removed pursuant to this or any prior act, or who have been removed at Government expense in lieu
of deportation pursuant to section 242 (b), unless prior to their embarkation or reembarkation at
a place outside the United States or their attempt to be admitted from foreign contiguous territory
the Attorney General has consented to their applying or reapplying for admission;
"(18) Aliens who are stowaways;
"(19) Any alien who seeks to procure, or has sought to procure, or has procured a visa or other
documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a
material fact;
"(20) Except as otherwise specifically provided in this Act, any immigrant who at the time of
application for admission is not in possession of a valid unexpired immigrant visa, reentry permit,
border crossing identification card, or other valid entry document required by this Act, and a
valid unexpired passport, or other suitable travel document, or document of identity and nationality,
if such document is required under the regulations issued by the Attorney General pursuant to
section 211 (e);
"(21) Except as otherwise specifically provided in this Act, any quota immigrant at the time of
application for admission whose visa has been issued without compliance with the provisions of
section 203;
DSL-851
- 3 -
"(22) Aliens who are ineligible to citizenship, except aliens seeking to enter as nonimmigrants;
or persons who have departed from or who have remained outside the United States to avoid or evade
training or service in the armed forces in time of war a period declared by the President to be
a national emergency, except aliens who were at the time of such departure nonimmigrant aliens and
who seek to reenter the United States as nonimmigrants;
"(23) Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or
regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who
has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing
or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange,
dispensing, giving away, importation, exportation, or the possession for the purpose of the manu-
facture, production, compounding, transportation, sale, exchange, dispensing, giving away, importa-
tion, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative or preparation
of opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate;
or any alien who the consular officer or immigration officers know or have reason to believe is or
has been an illicit trafficker in any of the aforementioned drugs;
"(24) Aliens (other than aliens described in section 101(a)(27)(A) and aliens born in the Western
Hemisphere) who seek admission from foreign contiguous territory or adjacent islands, having arrived
there on a vessel or aircraft of a nonsignatory line, or if signatory, a noncomplying transportation
line under section 238(a) and who have not resided for at least two years subsequent to such arrival
in such territory or adjacent islands
"(25) Aliens (other than aliens wh o have been lawfully admitted for permanent residence and who
are returning from a temporary visit abroad) over sixteen years of age, physically capable of reading,
who cannot read and understand some language or dialect.
"(26) Any nonimmigrant who is not in possession of (A) a passport valid for a minimum period of
six months from the date of the expiration of the initial period of his admission or contemplated
initial period of stay authorizing him to return to the country from which he came or to proceed
to and enter some other country during such period; and (B) at the time of application for admission
a valid nonimmigrant visa or border crossing identification card;
"(27) Aliens who the consular officer or the Attorney General knows or has reason to believe seek
to enter the United States solely, principally, or incidentally to engage in activities which would
be prejudicial to the public interest, or endanger the welfare, safety, or security of the United
States;
" (28) Aliens who are, or at any time have been, members of any of the following classes;
(A) Aliens who are anarchists;
(B) Aliens who advocate or teach, or who are members of or affiliated with any organization
that advocates or teaches, opposition to all organized government;
(c) Aliens who are members of or affiliated with (i) the Communist Party of the United
States, (ii) any other totalitarian party of the United States, (iii) the Communist Political
Association, (iv) the Communist or any other totalitarian party of any State of the United States,
of any foreign state, or of any political or geographical subdivision of any foreign state,
(v) any section, subsidiary branch, affiliate, or subdivision of any such association or
party, or (vi) the direct predecessors or successors of any such association or party,
regardless of what name such group or organization may have used, may now bear, or may
hereafter adopt: Provided, That nothing in this paragraph, or in any other provision of
this Act, shall be construed as declaring that the Communist Party does not advocate the
overthrow of the Government of the United States by force, violence, or other unconstitu-
tional means;
(D) Aliens not within any other provisions of this paragraph who advocate the economic,
international, and governmental doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship, or who are members of or affiliated with
any organization that advocates the economic, international, and governmental doctrines
of world communism or the establishment in the United States of a totalitarian dictator-
ship, either through its own utterances or through any written or printed publications
issued or published by or with the permission or consent of or under the authority of such
organization or paid for by the funds of, or funds furnished by, such organization;
(E) Aliens not within any of the other provisions of this paragraph, who are member of
or affiliated with any organization during the time it is registered or required to be
registered under section 7 of the Subversive Activities Control Act of 1950, unless such
aliens establish that they did not have knowledge or reason to believe at the time they
became members of or affiliated with such an organization (and did not thereafter and
prior to the date upon which such organization was so registered or so required to be
registered have such knowledge or any reason to believe) that such organization was a
Communist organization;
(F) Aliens who advocate or teach or who are members of or affiliated with any organization
that advocates or teaches (i) the overthrow by force, violence, or other unconstitutional
means of the Government of the United States or of all forms of law; or (ii) the duty,
DSL-851
- 4 -
necessity, or propriety of the unlawful assaulting or killing of any officer or officers
(either of specific individuals or of officers generally) of the Government of the United
States or of any other organized government, because of his or their official character; or
(iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage;
(G) Aliens who write or publish, or cause to be written or published, or who knowingly circu-
late, distribute, print, or display, or knowingly cause to be circulated, distributed, printed,
published, or displayed, or who knowingly have in their possession for the purpose of circu-
lation, publication, distribution, or display, any written or printed matter, advocating or
teaching opposition to all organized government, or advocating or teaching (1) the overthrow
by force, violence, or other unconstitutional means of the Government of the United States or
of all forms of law; or (ii) the duty, necessity or propriety of unlawful assaulting or killing
of any officer or officers (either of specific individuals or of officers generally) of the
Government of the United States or of any other organized government, because of his or their
official character; or (iii) the unlawful damage, injury, or destruction of property; or
(iv) sabotage; or (v) the economic, international, and governmental doctrines of world commu-
nism or the establishment in the United States of a totalitarian dictatorship;
(H) Aliens who are members of or affiliated with any organization that writes, circulates,
distributes, prints, publishes, or displays, or causes to be written, circulated, distributed,
printed, published, or displayed, or that has in its possession for the purpose of circulation,
distribution, publication, issue, or display, any written or printed matter of the character
described in paragraph (G);
(I) Any alien who is within any of the classes described in subparagraphs (B), (c), (D), (E),
(F), (G), and (H) of this paragraph because of me mbership in or affiliation with a party or
organization or a section, subsidiary, branch, affiliate, or subdivision thereof, may, if not
otherwise ineligible, be issued a visa if such alien establishes to the satisfaction of the
consular officer when applying for a visa and the consular officer finds that (i) such member-
ship or affiliation is or was involuntary, or is or was solely when under sixteen years of
age, by operation of law, or for purposes of obtaining employment, food rations, or other
essentials of living and when necessary for such purposes, or (ii) (a) since the termination
of such membership or affiliation, such alien is and has been, for at least five years prior
to the date of the application for a visa, actively opposed to the doctrine, program, principles,
and ideology of such party or organization or the section, subsidiary, branch, or affiliate
or subdivision thereof, and (b) the admission of such alien into the United States would be
in the public interest. Any such alien to whom a visa has been issued under the provisions
of this subparagraph may, if not otherwise inadmissible, be admitted into the United States
if he shall establish to the satisfaction of the Attorney General when applying for admission
to the United States and the Attorney General finds that (i) such membership or affiliation
is or was solely when under sixteen years of age, by operation of law, or for purposes of
obtaining employment, food rations, or other essentials of living and when necessary for such
purposes, or (ii)(a) since the termination of such membership or affiliation, such alien is
and has been, for at least five years prior to the date of the application for admission
actively opposed to the doctrine, program, principles, and ideology of such party or organi-
zations, or the ection, subsidiary, branch, or affiliate or subdivision thereof, and (b) the
admission of such alien into the United States would be in the public interest. The Attorney
General shall promptly make a detailed report to the Congress in the case of each alien who
is or shall be admitted into the United States under (ii) of this subparagraph;
"(29) Aliens with respect to whom the consular officer or the Attorney General knows or has
reasonable ground to believe probably would, after entry, (A) engage in activities whichwould be
prohibited by the laws of the United States relating to espionage, sabotage, public disorder, or
in other activity subversive to the national security, (B) engage in any activity a purpose of
which is the opposition to, or the control or overthrow of, the Government of the United States,
by force, violence, or other unconstitutional means, or (c) join, affiliate with, or participate
in the activities of any organization which is registered or required to be registered under sec-
tion 7 of the Subversive Activities Control Act of 1950;
"(30) Any alien accompanying another alien ordered to be excluded and deported and certified to
be helpless from sickness or mental or physical disability or infancy pursuant to section 237(e),
whose protection or guardianship is required by the alien ordered excluded and deported;
"(31) Any alien who at any time shall have, knowingly and for gain, encourged, induced, assisted,
abetted, or aided any other alien to enter or to try to enter the United States in violation of law.
"(32) Aliens who are graduates of a medical school and are coming to the United States princi-
pally to perform services as members of the medical profession, except such aliens who have passed
parts I and II of the ational Board of Medical Examiners Examination (or an equivalent examination
as determined by the Secretary of Health, Education and Welfare) and who are competent in oral and
written English. The exclusion of aliens under this paragraph shall apply to spe cial immigrants
defined section 101(a)(27)(A) (other than the parents, spouses, or children of United States
citizens or of aliens lawfully admitted for permanent residence), to nonpreference immigrant aliens
described in section 203(a)(8), and to preference immigrant aliens described in section 203(a)
(3) and (6).
DSL-851
- 5 -
"(33) Any alien who during the period beginning on March 23, 1933, and ending on May 8, 1945,
under the direction of or in association with-
(A) the Nazi government of Germany,
(B) any government in any area occupied by the military forces of the Nazi government of
Germany,
(c) any government established with the assistance or cooperation of the Nazi government
of Germany, or
(D) any government which was an ally of the Nazi government of Germany,
ordered, incited, assisted, or otherwise participated in the persecution of any person
because of race, religion, national origin, or political opinion.
NOTE: If you believe you are ineligible for a visa under one of the classes enumerated above,
please read carefully the following exceptions and explanations to determine whether they
might be applicable to you.
Section 212(g) of the Immigration and Nationality Act, provides that:
"Any alien who is excludable from the United States under paragraph (1) of subsection (a) of
this section, or any alien afflicted with tuberculosis in any form who (A) is the spouse or the
unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen,
or of an alien lawfully admitted for permanent residence, or if an alien who has been issued an
immigrant visa, or (B) has a son or daughter who is a United States citizen, or of an alien lawfully
admitted for permanent residence, or an alien who has been issued an immigrant visa, shall, if other-
wise admissible, be issued a visa and admitted to the United States for permanent residence in
accordance with such terms, conditions, and controls, if any, including the giving of a bond, as
the Attorney General, in his discretion after consultation with the Surgeon General of the United
States Public Health Service, may by regulations prescribe. Any alien excludable under paragraph
(3) of subsection (a) of this section because of past history of mental illness who has one of the
same family relationships as are prescribed in this subsection for aliens afflicted with tubercu-
losis and whom the Surgeon General of the United States Public Health Service finds to have been
free of such mental illness for a period of time sufficient in the light of such history to demon-
strate recovery shall be eligible for a visa in accordance wi the terms of this subsection."
Section 212(h) of the Immigration and Nationality Act, provides that:
"Any alien, who is excludable from the United States under paragraphs (9), (10), or (12) of this
section, who (A) is the spouse or child, including a minor unmarried adopted child, of a United
States citizen, or of an alien lawfully admitted for permanent residence, or (B) has a son or
daughter who is a United States citizen or an alien lawfully admitted for permanent residence,
shall, if otherwise admissible, be issued a visa and admitted to the United States for permanent
residence (1) if it shall be established to the satisfaction of the Attorney General that (A) the
alien's exclusion would result in extreme hardship to the United States citizen or lawfully resi-
dent spouse, parent, or son or daughter of such alien, and (B) the admission to the United States
of such alien would not be contrary to the national welfare, safety, or security of the United
States; and (2) if the Attorney General, in his discretion, and pursuant to such terms, conditions,
and procedures as he may by regulations prescribe, has consented to the alien's applying or re-
applying for a visa and for admission to the United States."
Section 212(1) of the Immigration and Nationality Act, provides that:
"Any alien who is the spouse, parent, or child of a United States citizen or of an alien law-
fully admitted for permanent residence and who is excludable because (1) he seeks, has sought to
procure, or has procured, a visa or other documentation, or entry into the United States, by fraud
or misrepresentation, or (2) he admits the commission of perjury in connection therewith, may be
granted a visa and admitted to the United States for permanent residence, if otherwise admissable,
if the Attorney General in his discretion has consented to the alien's applying or reapplying for
a visa and for admission to the United States."
Section 212(b)(1) exempts from the literacy requirement of par agraph (25) any prospective immigrant
who is the parent, grandparent, spouse, daughter, or son of an admissible alien, or any alien law-
fully admitted to the United States for permanent residence, or any citizen of the United States,
if accompanying such admissible alien, or coming to join such citizen or alien permanent resident,
and if otherwise admissible.
The provisions of paragraphs (11) and (25) are not applicable to aliens who in good faith seek
to enter the United States as nonimmigrants. (212 (d)(1))
The exceptions under paragraph (28)(I) should be noted; these exceptions apply to nonimmigrants
and immigrants alike.
The provisions of paragraphs (9), (10), (12), and (23) above apply regardless of the issuance
of a decree of amnesty, a foreign pardon, the expungement of penal records, or any other act of
clemency. A visa applicant must furnish full information regarding any conviction of a criminal
offense regardless of the fact that he may have subsequently benefited from an amnesty, pardon or
DSL-851
- 6 -
other act of clemency. Failure to reveal such a conviction might result in permanent exclusion
from the United States, or in prosecution or deportation in the event admission is effected on the
basis of such a misrepresentation. An explanation of any amnesty, pardon or other act of clemency
should be given in order that the consular officer may have complete information as a basis for
determining whether the conviction or convictions would have a bearing upon the applicant's eligi-
bility to receive a visa.
Additionally, the Immigration and Nationality Act contains provisions for waiver of certain
grounds of ineligibility for nonimmigrants and persons who have been lawfully admitted to the United
States for permanent residence and who are returning to a lawful unrelinquished domicile of seven
consecutive years in the United States.
Penalties.
An applicant will be required to make certain statements under oath at the time of formal appli-
cation for a visa and submit certain documentary evidence that he is not among any of the ineligible
classes. These statements and the evidence will be carefully examined, It should be understood
that willful misrepresentation of a material fact in connection with a visa application may result
in permanent inadmissibility to the United States or deportation if admitted.
DSL-851
DEPARTMENT OF STATE
Washington, D.C. 20520
EVIDENCE WHICH MAY BE PRESENTED TO MEET THE
PUBLIC CHARGE PROVISIONS OF THE LAW
GENERAL
The Immigration and Nationality Act requires an applicant for a visa to establish to the satisfaction of the consula
officer at the time of his application for a visa, and also to the satisfaction of the United States immigration officials a
the time of his application for admission into the United States, that he is not likely at any time to become a public charge
An applicant for an immigrant visa may generally satisfy this requirement of the law by the presentation of docu
mentary evidence, in duplicate, establishing that:
1. he has, or will have, in the United States funds of his own sufficient to provide for the support of himself and
members of his family; or
2. he has employment awaiting him in the United States which will provide an adequate income for himsel
and members of his family; or
3. he is skilled in a profession or occupation which has been determined to be in short supply/in the United State
and can show that he has funds adequate for transportation to the United States and for the support o
himself and members of his family until he is able to locate employment in his profession or occupation; 01
4. relatives or friends in the United States will assure his support.
APPLICANT'S OWN FUNDS
An applicant who expects to be able to meet the public charge provisions of the law under 1. or to present evidence
of funds required under 3. above may submit to the consular officer one or more of the following items:
(a) statement from an officer of a bank showing present balance of applicant's account, date account was opened
and average balance during the year. If there have been recent unusually large deposits, an explanation
therefor should be given;
(b) proof of ownership of property or real estate, in the form of a letter from a lawyer, banker or responsible real
estate agent showing its present valuation. Any mortgages or loans against the property must be stated
(c) letter or letters verifying ownership of stocks and bonds, with present market value indicated;
(d) statement from insurance company showing policies held and present cash surrender value;
(e) proof of income from business investments or other sources.
EMPLOYMENT
Applicants having prearranged employment should submit evidence thereof, in duplicate, from the prospectiv
employer on his business letterhead or if he has no letterhead in the form of a contract or affidavit. An applicant who
employment has been certified by the Department of Labor need not furnish a statement or contract of employment
unless specifically requested to do so by the consular officer.
The letter, contract or affidavit should:
(a) contain a definite offer of employment;
(b) state whether the employment will be immediately available upon the applicant's arrival in the United States
(c) specify the location, type, and duration (whether seasonal, temporary, or indefinite) of the employmen
offered;
(d) specify the rate or range of compensation to be paid;
(e) be of recent date; and
(f) if the prospective employer is an individual rather than a firm, some evidence proving that the individua
is in a financial position to carry out the offer of employment.
OPTIONAL FORM 16
AFFIDAVIT OF SUPPORT
There are no prescribed forms to be used by persons in the United States who desire to furnish sponsorship in t.
form of an affidavit of support for presentation to the consul.
Each sponsor should furnish a statement, in duplicate, in affidavit form setting forth his willingness and financi
ability to contribute to the applicant's support and his reasons in detail for sponsoring the applicant.
The sponsor's statement should include:
(a) information regarding his income;
(b) where material, information regarding his resources;
(c) his obligations for the support of members of his own family and other persons, if any;
(d) his other obligations and expenses;
(e) plans and arrangements made for the applicant's reception and support; and
(f) an expression of willingness to deposit a bond, if necessary, with the Immigration and Naturalizatio
Service to guarantee that the applicant will not become a public charge in the United States.
The sponsor should include in his affidavit a statement concerning his status in the United States. If the sponso
is an American citizen he should state how he acquired United States citizenship. If naturalized, he should indicat
in the affidavit the date of naturalization, the name and location of the court, and the number of his certificate C
naturalization. In no case, however, should a naturalized citizen attach a copy of his certificate of naturalization sinc
reproduction thereof is prohibited by law and severe legal penalties are prescribed for such reproduction. If the sponse
is an alien who has been lawfully admitted into the United States for permanent residence, he should state in th
affidavit the date and place of his admission for permanent residence and the alien registration number which appear
on his Alien Registration Receipt Card (Form I-151). In no case should a copy be made of Form I-151 since th
reproduction of this document, like a certificate of naturalization, is also prohibited by law and severe legal penaltie
are prescribed for such reproduction.
To substantiate the information regarding his income and resources the sponsor should attach one or more of th
following items to his affidavit:
(a) notarized copies of his latest income tax return;
(b) a statement, in duplicate, from his employer showing his salary and the length and permanancy C
employment;
(c) a statement, in duplicate, from an officer of a bank regarding his account, showing the date the accour
was opened and the present balance;
(d) Any other evidence adequate to establish his financial ability to carry out his undertaking toward th
applicant for what might be an indefinite period of time.
If the sponsor is a well established businessman, he may submit a rating from a recognized concern in lieu of th
foregoing.
If the sponsor is married, the affidavit should be jointly signed by both husband and wife.
Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if mor
than a year has elapsed from the date of execution.
A sponsor may prefer to forward his affidavit of support direct to the consular office where the visa application wi
be made, in which event the contents will not be divulged to the applicant.
IMPORTANT: All support documents must be presented to the consular officer in duplicate.
NOTE: An applicant who expects to meet the public charge provisions of the law through the presentation of an affida
support is encouraged to forward this information sheet to his sponsor so as to assist him in preparing his affidavit.
IMPORTANT This document must be read and signed by persons wishing to submit
an affidavit of support on behalf of an alien applying for an immigrant visa.
A signed copy of this document must be attached to each copy of any affidavit
of support submitted on behalf of an applicant.
The Social Security Act, as amended, establishes certain requirements for
determining the eligibility of aliens for Supplemental Security Income (SSI)
and Aid to Families with Dependent Children (AFDC) benefits. The Food Stamp
Act, as amended, contains similar provisions. These amendments require that
the income and resources of any person (and that person's spouse) who executes
an affidavit of support or similar agreement on behalf of an immigrant alien,
be deemed to be the income and resources of the alien under formulas for
determining eligibility for SSI, AFDC, and Food Stamp benefits during the
three years following the alien's entry into the United States.
The eligibility of aliens for SSI, AFDC, and Food Stamp benefits will be
contingent upon their obtaining the cooperation of their sponsors in providing
the necessary information and evidence to enable the Social Security Adminis-
tration and/or State Welfare Agencies to carry out these provisions. An alien
applying for SSI, AFDC, or Food Stamp benefits must make available to the
Social Security Administration and/or State Welfare Agencies documentation
concerning his income or resources or those of his sponsors, including infor-
mation which he provided in support of his application for an immigrant visa
or adjustment of status. The Secretary of Health and Human Services and/or
State Welfare Agencies are authorized to obtain copies of any such documenta-
tion from other agencies.
The Social Security Act and the Food Stamp Act also provide that an alien
and his or her sponsor shall be jointly and severally liable to repay any SSI,
AFDC, and Food Stamp benefits which are incorrectly paid because of misinfor-
mation provided by sponsor or because of sponsor's failure to provide informa-
tion. Also, any incorrect payments of SSI and AFDC benefits which are not
repaid will be withheld from any subsequent payments for which the alien or
sponsors are otherwise eligible under the Social Security Act.
These provisions do not apply to aliens admitted as refugees or granted
political asylum by the Attorney General. They also will not apply to the SSI
eligiblity of aliens who become blind or disabled after entry into the United
States. The AFDC provisions do not apply to aliens who are dependent children
of the sponsor or sponsor's spouse
1,
9 residing at
(name)
(street and number)
, acknowlege that I have read the above
(City)
(State)
and am aware of my responsibilities as an immigrant sponsor under the Social
Security Act, as amended, and the Food Stamp Act, as amended. This statement
is submitted on behalf of the following persons:
Name
Sex
Age
Country
Married
Relationship
Of Birth
or Single
to Sponsor
Signature of Sponsor (s)
THE WHITE HOUSE
WASHINGTON
April 18, 1985
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
JOHN G. ROBERTS JJR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Department of State Testimony for Senate
Judiciary Subcommittee Hearing on S. 377,
a Bill to Stay the Deportation of Certain
Salvadorans, and for Other Purposes
Counsel's Office has reviewed the above-referenced
testimony, and finds no objection to it from a legal
perspective.
ID #
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
James mun
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Dept of State testimany far senate
Judiciary Subcommittee hearing an 5.377, a
bill to stay the departation of certain
salvadarans, and for other purposes
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR
85,04,18
/
/
Referral Note:
CUAT 18
85,04,18
5 85,04,19
Referral Note:
10 AM
/
/
/
/
-
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
E
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
STATE SERVICE VALITED OFFICE
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SPECIAL
April 17, 1985
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Department of Justice - Jack Perkins (633-2113)
National Security Council
SUBJECT: Department of State draft testimony for Senate
Judiciary Subcommittee hearing on S. 377, a bill to
stay the deportation of certain Salvadorans, and
for other purposes
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than 10:00 A.M.,
Friday, April 19, 1985.
NOTE: A hearing before the Senate Judiciary Subcommittee on
Immigration and Refugee policy is scheduled for 4/22/85. State
testimony on similar legislation in the 98th Congress
(H.R. 4447) was circulated for comment and cleared in April
1984.)
Direct your questions to Branden Blum (395-3454), the legislative
attorney in this office.
James UCM M. Marr for
Assistant Director for
Legislative Reference
Enclosure
CC: A. Curtis
J. Cooney
S. Elliff
S. Gates
F. Fielding
Mr. Chairman and members of the Subcommittee:
(State)
I am grateful for this opportunity to appear before you
today.
As every member of the Subcommittee knows, El Salvador
remains a deeply troubled country, but one in which
extraordinary political progress is being made. The recent
March elections represent yet another step in a five-year
evolution as a democratic nation. The country still suffers
from a dedicated Marxist insurgency in which guerrillas are
actively engaged in terrorist attacks, but the Duarte
government is working to end the violence through dialogue
within the framework of the 1983 Constitution. Serious human
rights abuses have obviously not disappeared, but
disappearances and death squad assassinations have been
significantly reduced. By anybody's standard, violence has
dropped - from a high of 9,000 civilian deaths in 1980 to 771
in 1984, as reported by the press. Although severely
depressed, the economy showed a small increase in the gross
domestic product in 1984.
Meanwhile, the steady migration of Salvadorans to the
United States continues, and from an estimated 300,000 here
before the violence broke out in 1979, there are an estimated
500,000 here today. The United States is thus confronted with
a number of significant immigration issues regarding El
Salvador. Who are the migrants? Are they refugees, or are
4/22/85
Senate Judiciary/Sube Immig + Ref. Policy
- 2 -
they motivated solely by economics? How do we deal with the
asylum applications? For those not entitled to asylum, how do
we respond to their desire to live in the United States?
The asylum issue is in a sense an easy one. The
Immigration and Nationality Act implements the U.S. obligations
under the 1951 Convention and 1967 Protocol Relating to the
Status of Refugees. Our law set forth the standards by which
an asylum application must be judged. The Attorney General may
grant asylum if he determines an alien in the United States
meets the definition of a refugee, that is, a person who has
fled his country because of persecution or a well-founded fear
of persecution on account of race, religion, nationality,
membership in a particular social group or political opinion.
We apply these standards fairly. In fact, only a limited
number of aliens, irrespective of their nationality, can meet
them. This is true of asylum applicants from El Salvador.
This has occasioned much criticism of the Administration's
asylum policy toward E1 Salvador, but in fact we have no
"asylum policy" toward El Salvador or any other country; we
apply the same standards to each. Recommendations for the
approval of applications from Salvadorans and Nicaraguans both
run at relatively low rate. This reflects no policy decision,
nor does it reflect the state of our bilateral relations with
either government; it simply reflects the fact that all asylum
applicants must meet the same legal standards in order to be
granted asylum. We are well aware that much criticism could be
ended were the number of Salvadoran asylum approvals higher.
But, to approve asylum applications for partisan political
reasons would ignore the law. We recommend in favor of
applications that meet the standards and against those that do
not. And although the percentage of approvals for asylum
claims is only three percent, El Salvador in fact ranks fourth
in the world in terms of actual numbers approved.
The argument is then made that all Salvadorans, even those
who do not qualify for asylum, should not be deported to El
Salvador but rather allowed to remain here. As you know, the
Administration does not concur with this view even if it were
only a temporary suspension. All suspension of deportation
decisions require a balancing of judgments about several
factors, including foreign policy, humanitarian, and
immigration policy implications.
In the case of El Salvador, the immigration policy
implications of suspension of deportation are enormous. Here
we have a country with a history of large-scale illegal
immigration to the United States. Can anyone doubt that a
suspension of deportation would increase the amount of illegal
immigration from E1 Salvador to the United States? An
intelligent and industrious Salvadoran weighing a decision to
try illegal immigration to the United States knows that one of
the risks is deportation, which might occur before he has had a
chance to earn back the costs of the journey. If we remove
that possibility of deportation, it is logical to suggest that
illegal entry becomes a more attractive investment.
There is reason to think that the "magnet effect" would be
overwhelming. In a Spanish International Network exit poll
last year, 70% of Salvadorans responded "yes" to the question
"Would you emigrate to the United States to work?". Over $30
million per month is sent home from Salvadorans working
illegally in the United States. In addition, the vast majority
of Salvadorans who do file for asylum allege no fear of
persecution but state that they came to the United States to
work. The evidence is simply not here that most Salvadorans in
this country are refugees.
of course, some Salvadorans are refugees who may be and
have been granted asylum, and they do not need suspension of
deportation to be protected. so, by definition, when we
discuss suspension of deportation for the group which is not
eligible for asylum, what we are discussing is whether people
who emigrate from El Salvador to the United States illegally,
for reasons other than fear of persecution should be permitted
to reside here. If one says yes to this question then we do
not have an immigration policy with regard to El Salvador. We
have abdicated the responsibility to have one.
It was our country's ad hoc approach to refugee flows that
prompted the Congress to pass the Refugee Act of 1980. It was
- 5 -
the specific intent of the Congress to end nationality-specific
measures that provided benefits for persons from one country
and left other persons with similar claims in limbo. It was
also the Refugee Act that incorporated the 1951 Convention's
definition of a refugee into our law. Under that Act each
asylum application to be examined on an individual basis.
Legally and morally, the distinction between economic
migrants and political refugees matters greatly. The United
States has undertaken the protection of refugees, but has not
agreed to accept for permanent residence every illegal
immigrant who reaches our shores. There is no such thing as a
"self-appointed refugee." Each person who seeks the protection
of the United States must apply for asylum, and each
application is examined on a case-by-case basis to see if it
meets the standard of law. Asylum is a special and narrow
exception to our laws, and not meant to be an extra immigration
program. We grant asylum only when someone can show a well
found fear of persecution if he or she were to return home.
Under our laws, generalized conditions of poverty and civil
unrest do not entitle people who leave their homelands to
settle here. If this were our test, half the 100 million
people living between the Rio Grande and Panama would meet it,
as would hundreds of millions more people in other parts of the
Earth.
Some people argue that it is too hard for Salvadorans to be
- 6 -
granted asylum, and therefore Americans who support them are
morally bound to break the law. But the United States is an
incredibly generous country, admitting 270,000 legal immigrants
plus 70,000 refugees worldwide in this Fiscal Year alone. This
country does not deserve the abusive rhetoric that has become
standard fare from those who evade the very system established
to protect those who need protection the most. The notion that
the only way to stay in this country is to enter illegally and
break the law once you are here, is simply not valid. The
United States issued over 8,000 immigrant visas to Salvadorans
last year in addition to 328 approvals on asylum claims.
Some groups argue that illegal aliens who are sent back to
El Salvador meet persecution and often death. Obviously, we do
not believe these claims. If we did, we would not deport these
people back to El Salvador. Twice, in recent years, the United
States Embassy in San Salvador has made attempts to track
deportees and see if they were being persecuted; we concluded
that they were not. In February we asked the Archbishop and
Tutela Legal, which is the human rights office of the
Archdiocese of E1 Salvador, whether they believed there was a
pattern of persecution of deportees. They replied that they
did not.
It is noteworthy that these accusations of abuse toward
deportees are lodged by some American activist groups critical
of United States policy In El Salvador. They find no echo or
source in complaints from Salvadoran human rights groups, which
have never made this claim. And that stands to reason. El
Salvador is a country, as noted above, in which emigration
abroad is a common and respected means of self-improvement, and
it would be odd to think that this action engaged in by
hundreds and thousands of Salvadorans, by perhaps a quarter of
the population, was viewed by anyone as proof of a suspicious
association. We have interviewed deportees at the airport, in
the Embassy, and after they have returned to their homes. We
have never met anyone who thinks he is a target because he has
been deported from the United States. Surely there must come a
time when any fair-minded observer concludes that this alleged
pattern of wide-scale abuse of deportees is just a fiction
unsupported by evidence.
Many Salvadorans are told that they will be deported into
the hands of the military, and are sold a gruesome picture of
the United States "dumping" them at the airport. In truth, no
one is "dumped" at the airport. There is now a program in
place conducted by the Intergovernmental Commission on
Migration (ICM), a highly respected international
organization. ICM meets every Salvadoran who has been sent
home by the United States. Each is offered assistance in
meeting up with family members, each is given a temporary I.D.
if needed, given money for travel home, or a place to live if
the individual does not want to go to his hometown or village.
Each has explained to him the assistance programs of the
Salvadoran government and church so that he or she may gain
their benefits. Each person is invited to send in a
questionnaire every month for six months after he has-returned
to his home, describing any difficulty that he or she may
encounter. ICM has not reported a single case of a deportee
coming to harm.
Let me give you a rough "profile" of those returned from
the United States between December and February: ICM met 794
returnees - deported Salvadorans, voluntary returns, and
excludables. Of the 794, 688 were male, 624 were single, and
716 were over the age of 18, generally between 18 and 35. With
this profile, one need not wonder why Salvadorans receive over
30 million dollars each month from their relatives in the
United States. One need not deny there is a tremendous
economic incentive to come here.
In conclusion, I do not believe that the appropriate
response to the problems of poverty or violence in El Salvador
is to allow any Salvadoran who wishes, to simply live in
America instead - any more than I think this is true for
Guatemala, or Haiti, or Nicaragua, or Sri Lanka, or
Afghanistan, or Iran, or Uganda, or Ethiopia, or Lebanon, or
Vietnam, or Zimbabwe. My point, of course, is that in a very
large number of countries millions of people, and indeed, tens
of millions, face lives which any American can only view as
desperate. How do we respond? We respond with our willingness
to allow hundreds of thousands to legally immigrate to the
United States. We respond with our asylum and refugee
programs, which are the most generous in the world. We respond
with our foreign aid program. And we respond with various
political and diplomatic efforts to resolve disputes and reduce
violence. It does not seem to me that a sensible response can
be to say that all these people, if they can make it to the
United States, can stay. We can and we must do very many
things to address the urgent and desperate humanitarian needs
of tens of millions of people throughout the world, but one
thing we really cannot do for them all is tell them to move to
America.
I therefore respectfully suggest that the current policy is
an appropriate one, combining large amounts of economic
assistance, energetic diplomatic efforts, and the grant of
asylum to those with a well-founded fear of persecution.
ID #.
CU
4g
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re: compensation for the avertime inspectional
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CUAT 18
Referral Note: DUE
A/R
85,02,27
5 85,03,11
/
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5/81
THE WHITE HOUSE
WASHINGTON
April 24, 1985
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL J32 TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Justice and GSA Draft Reports on
H.R. 30, the "Immigration Act of 1985"
Counsel's Office has reviewed the above-referenced draft
reports, and finds no objection to them from a legal
perspective.
311178
ID #.
CU
Dg
IM
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Subject: Justice and 65A draft reports an H.R.
30, the "Immigration act of 1985"
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CMHOLL
ORIGINATOR 85,04,18
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CUAT 18
A 85,04,19
5 85,0429
DDV
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S For Signature
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5/81
THE WHITE HOUSE
WASHINGTON
April 19, 1985
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL JJR TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Testimony: Immigration and Naturalization
Service Before Committee on the Judiciary
I have reviewed the proposed testimony of INS Commissioner
Nelson and INS General Counsel Inman and am concerned about
the first full paragraph on page 13 of the Nelson testimony
and the essentially identical paragraph on page 6 of the
Inman testimony. I am not convinced that it is necessary to
mention the "sanctuary movement" at all, and would delete
the paragraphs. If some mention of the movement is considered
desirable, I would still delete the last three sentences of
these paragraphs. I do not think Administration officials
should be in the position of advising congregations offering
sanctuary how they could better spend their money, nor do I
see the point in suggesting that the money could support
Salvadorans in refugee camps rather than here in the United
States. I certainly object to stating that the money could
"go a long way to effect change within the system," since it
is not clear what is being suggested -- support of legislation
like the present bill the Administration opposes?
ID #
CU
WHITE HOUSE
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MI Mail Report
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(C)
Subject: Testimony: Immigration and
naturalization service before Committee
an the Judiciary
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CUITOLL
ORIGINATOR 85,04,18
/ /
Referral Note:
CUAT18
R 85,04,18
5 85,04,19
Referral Note:
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/ /
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ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
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A Answered
C Completed
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R. Direct Reply w/Copy
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S. For Signature
F - * Furnish Fact Sheet
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5/81
ID #
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 * OUTGOING
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Subject: sestimony : smmigration and naturalization
service before Committee an the Judiciary
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CULTOLL
ORIGINATOR
85,04,18
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CUAT 18
R
85,04,18
5 85,04,19
Referral Note:
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DISPOSITION CODES:
A - Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
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R. Direct Reply w/Copy
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S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
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5/81
Lisa : -
Chinago national
- no bar to re-entry
4 month writers in,
unless deported
sparmal by brother.
- can so in + get
expired.
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soon [ is ale nlinis]
when returns, has
{ Lisa will call)
for reactry
Row
(our laws)
- no working papers
retronative extension,
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INS
(212)
953
STUART
To
John
Date
9/6
Time 4:25
WHILE YOU WERE OUT
M Stuart Root
of
Phone
Area Code 212/953-8288
Number
Extension
TELEPHONED
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CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
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RETURNED YOUR CALL X
Message
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Operator
AMPAD
EFFICIENCY@
23-020
THE WHITE HOUSE
WASHINGTON
March 12, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
820
SUBJECT:
Response to Governor Graham's Letter
to President on Mariel Boatlift
Bob Kimmitt has provided us with a copy of a proposed letter
from Deputy Secretary of State Dam to Governor Graham of
Florida, responding to correspondence from Graham on the
U.S. - Cuban agreement to repatriate certain Marielitoes
excludable from the United States under U.S. law. Mr.
Hauser and I attended an NSC meeting on this question on
January 22, 1985; the draft response is along the lines
agreed to by all at that meeting.
Briefly, the background: The 1980 Mariel boatlift sent to
our shores a large number of convicts and mental patients
excludable under U.S. immigration law (though the number of
such misfits was a small percentage of all Marielitoes.)
When Cuba refused to take these excludables back, the U.S.,
as required by Section 243(g) of the Immigration and Nation-
ality Act, suspended the issuance of visas in Havanna. As
you know, Cuba and the U.S. have now reached an agreement
whereby Cuba will accept the return of excludables and visa
processing in Havanna will recommence. Graham was concerned
that not all Marielitoes in Florida prisons would be covered
by the agreement, but only those identified on a negotiation
list, leaving him with some on his hands.
Dam's response explains how the list was compiled, and
states that the agreement only covers those on the list. At
the same time, the draft states that our authorities will
expect Cuba to accept other, "unlisted" excludables, as
required by law. (Whether Cuba will live up to this expect-
ation is unclear, and depends on delicate negotiations and,
in particular, how the repatriation of those on the list
proceeds.) Dam's letter also advises Graham on the probable
effects of reopening visa processing in Havanna -- an
increase in Cuban emigration, but nothing approaching the
Mariel flood.
The letter is consistent with the consensus of the January
22 meeting, and I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
March 12, 1985
MEMORANDUM FOR ROBERT KIMMITT
DEPUTY ASSISTANT TO THE PRESIDENT
FOR NATIONAL SECURITY AFFAIRS
FROM:
FRED F.
COUNSEL TO THE PRESIDENT
FIELDINGOrie signed by FFF
SUBJECT:
Response to Governor Graham's Letter
to President on Mariel Boatlift
Counsel's Office has reviewed the above-referenced
Presidential letter, and finds no objection to it from
a legal perspective.
FFF: JGR:aea 3/12/85
cc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
March 12, 1985
MEMORANDUM FOR ROBERT KIMMITT
DEPUTY ASSISTANT TO THE PRESIDENT
FOR NATIONAL SECURITY AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Response to Governor Graham's Letter
to President on Mariel Boatlift
Counsel's Office has reviewed the above-referenced
Presidential letter, and finds no objection to it from
a legal perspective.
FFF: JGR:aea 3/12/85
CC: FFFielding
JGRoberts
Subj
Chron
ID #.
CU
WHITE HOUSE
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CUItolland
ORIGINATOR 85,03,08
/
/
Referral Note:
CUAT18
D 85,03,11
585,03,12
Referral Note:
/
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/
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/ /
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DISPOSITION CODES:
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A Answered
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B - Non-Special Referral
S Suspended
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S For Signature
F Furnish Fact Sheet
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5/81
THE WHITE HOUSE
WASHINGTON
April 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSON
SUBJECT:
Statement of Elliott Abrams Concerning
H.R. 4447 for Temporary Deportation of
Nationals From El Salvador/Immigration
Policy
OMB has asked for our views by close of business today on
testimony Assistant Secretary of State Elliott Abrams
proposes to deliver on April 12 before the Subcommittee on
Immigration, Refugees and International Law of the House
Judiciary Committee. The testimony argues that the U.S.
considers Salvadoran asylum applications under the same
general standards it applies to all asylum applications,
noting the interesting fact that Salvadoran and Nicaraguan
asylum applications are granted at about the same rate.
Abrams goes on to defend the return of Salvadorans in-
eligible for asylum to El Salvador, arguing that there is no
evidence that Salvadoran deportees are mistreated upon their
return to El Salvador. The testimony concludes by stating
that most Salvadorans seek to enter the U.S. for economic
reasons, and that it is not feasible simply to let those
that reach the U.S. remain. I have reviewed the testimony,
and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
April 10, 1984
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING FFF/RAH
COUNSEL TO THE PRESIDENT
SUBJECT:
Statement of Elliott Abrams Concerning
H.R. 4447 for Temporary Deportation of
Nationals From El Salvador/Immigration
Policy
Counsel's Office has reviewed the above-referenced testimony,
and finds no objection to it from a legal perspective.
FFF:JGR:aea 4/10/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
April 10, 1984
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Statement of Elliott Abrams Concerning
H.R. 4447 for Temporary Deportation of
Nationals From El Salvador/Immigration
Policy
Counsel's Office has reviewed the above-referenced testimony,
and finds no objection to it from a legal perspective.
FFF:JGR:aea 4/10/84
CC: FFFielding/JGRoberts/Subj/Chron
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
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H * INTERNAL
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Branden Bhim OMB
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H.R. 4447 for temporary deportation
of nationals from El SalvadoR / immigration
policy
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CUHOLL
ORIGINATOR 84,04,10
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CUAT 18
D 84 04,10
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5/81
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
ROUTE SLIP
Susan Gates
Take necessary action
TO
Kathy Collins
Approval or signature
Sylvia Malm
Comment
Mike Uhlmann
Prepare reply
Discuss with me
Fred Fielding
For your information
Robert Kimmitt
See remarks below
FROM
Branden Blum
B
DATE
4/10/84
REMARKS
Subject: Department of State testimony on
H.R. 4447, a bill to provide for the
temporary deportation of nationals of
El Salvador, and for other purposes.
I have previously circulated for comment and
cleared a Justice statement and a State report
on H.R. 4447. The attached statement discusses
our immigration policy and other efforts to
assist persons from El Salvador. The conclusion,
although not specifically referencing H.R. 4447,
is that legislation is not needed.
Please reivew and provide me with your comments
by COB today, 4/10/84. A hearing is scheduled
for Thursday, 4/12.
OMB FORM 4
Rev Aug 70
STATEMENT BY
HONORABLE ELLIOTT ABRAMS
ASSISTANT SECRETARY OF STATE
FOR
HUMAN RIGHTS AND HUMANITARIAN AFFAIRS
BEFORE THE
COMMITTEE ON THE JUDICIARY
SUBCOMMITTEE ON IMMIGRATION, REFUGEES AND INTERNATIONAL LAW
HOUSE OF REPRESENTATIVES
APRIL 12, 1984
Mr. Chairman and members of the Subcommittee:
I am grateful for this opportunity to appear before you
today. As every member of the Subcommittee knows, and indeed
as every American must by now be well aware, E1 Salvador is a
country troubled by poverty, violence, overpopulation, and a
history of oppression. For a number of years, Salvadorans have
taken advantage of economic opportunity elsewhere. Prior to
the war between El Salvador and Honduras in 1969, a large number
were living in Honduras. Through the 1970s, hundreds of thousands
of Salvadorans came to the DS. The increased violence in El
Salvador prevalent since 1980 no doubt increased the incentives
to leave the country, as have the economic difficulties which the
war has only worsened.
The US is thus confronted with a number of significant
immigration issues regarding El Salvador. It is difficult for
Salvadorans to get visitors' visas to the US and difficult for
them to get immigrant visas as well. We face a very significant
amount of illegal immigration from El Salvador, and a large
quantity of asylum applications. How do we deal with the asylum
applications? To those not entitled to asylum, how do we
respond to their desire to live in the United States?
The asylum issue is in a sense an easy one. US law, in
incorporating the definition of a refugee contained in the
Convention and Protocol Relating to the State of Refugees set
forth the standards by which an asylum application must be
judged. We apply these standards and a limited number of aliens,
2 of
irrespective of their nationality, can meet them. This is
also true of asylum applicants from El Salvador. This has
occasioned much critician of the Administration's asylum policy
toward El Salvador, but in fact we have no "asylum policy"
toward El Salvador or any other country; we apply the same
standards to each. In the last few months recommendations for
the approval of applications from Salvadorans and Nicaraguans
have been running at roughly the same rate, and though of course
there are variations for both countries, about 15 percent of
applications can meet legal standards.' This reflects no policy
decision, nor does it reflect the state of our bilateral relations
with either government; it simply reflects the fact that asylum
applicants must meet the legal standards in order to be granted
asylum. We are well aware that much criticism could be ended
were the number of Salvadoran asylum applications that are approved
higher. But, to approve asylum applications for partisan political
reasons would ignore the law. In fact, we recommended in favor of
applications that meet the standards and against those that do
not.
The argument is then made that all Salvadorans, even those
who do not qualify for asylum should not be deported to El
Salvador but rather allowed to remain here. As you know,
the Administration does not concur with this view. All EVD
decisions require a balancing of judgments about their foreign
policy, humanitarian, and immigration policy implications.
7
3
In the case of El Salvador, the immigration policy implications
of EVD are enormous. Here we have a country with a history
of large-scale illegal immigration to the US. Can anyone doubt
that a grant of EVD would increase the amount of illegal inmi-
gration from El Salvador to the US? An intelligent and in-
dustrious Salvadoran weighing a decision to try illegal immigration
to the US knows that one of the risks is deportation, which might
occur before he has had a chance to earn back the costs of the
journey. If we remove that possibility of deportation, it is
simple logic to suggest that the illegal entry becomes a more
attractive investment.
of course, not all Salvadoran migrants to the US are solely
or primarily economic migrants; some are refugees who may be and
have been granted asylum; they do not need EVD to be protected.
so by definition, when we discuss EVD for the group which is not
eligible for asylum, what we are discussing is generally whether
people who emigrate from El Salvador to the United States
illegally should be permitted to reside here. If one says yes
to this question then we do not have an immigration policy with
regard to El Salvador. We have abdicated the responsibility
to have one.
Some groups argue that illegal aliens who are sent back
to El Salvador there meet persecution and often death. Obviously,
we do not believe these claims OI we would not deport these
people. Twice in recent years the US Embassy in San Salvador
4
has rade attempts to track deportees and see if they were
being persecuted, we concluded that they were not. Last summer
we asked the officials of Tutela Legal, which is the human
rights office of the Archdiocese of El Salvador, whether they
believed there was a pattern of persecution of deportees. They
replied that they did not. It is noteworthy that these
accusations which are lodged by some American activist groups
critical of US policy in El Salvador, find no echo nor did they
find their source in complaints from Salvadoran human rights
groups, which have never made this claim. And that stands to
reason. El Salvador is a country, as noted above, in which
emigration abroad is a common and respected means of self-improvement,
and it would be odd to think that this action engaged in by
hundreds and thousands of Salvadorans, by perhaps a quarter of
the population, was viewed by anyone as proof of communist
association. I submit that the notion that the people being
deported are easily identifiable when they return to El Salvador
is false, and the notion that they are automatically suspect is
equally false. We will soon be sending additional personnel to
El Salvador to do another study of deportees, for we wish to be
sure that in the course of time our conclusions remain warranted.
If they are not, then we must act on this new information. But
the record and simple logic seem to me to indicate that the
argument that deportees are persecuted is a product more of
political opposition to Administration policies in Central America
than it is of facts.
The Subcommittee will be interested to learn that, in
part in response to the great interest expressed by Chairman
Mazzoli, Senator Simpson and others, we have once again attempted
to study this question of the treatment of deportees. The
Embassy in San Salvador was sent the names of nearly 500
deportees, selected at random. Efforts are now underway to
contact every one of them in order to see what happened to them
after their return. As of the end of March, we had looked into
about half the cases using Salvadoran employees so as to draw
as little attention as possible to this whole survey. of course,
a substantial proportion of the addresses Salvadorans had given
the Immigration Service turned out to be fictitious making it
hard to find some of them. In other CROSSY we bave not yet sent-
investigators into senes oc gréater conflict, although we plan
received. In a few cases, individuals were reported by neighbors
as having once again returned to the United States illegally.
What is remarkable is that we have not come across a single case
of abuse or murder of a deportee, nor has anyone contacted
suggested that he knew of such a case. I would not suggest to
this Subcommittee that we have completed here the definitive
scientific study and that no further efforts are needed, and
indeed our own efforts are continuing. But surely there must
came a time when any fairminded observer concludes that this
alleged pattern of wide-scale abuse of deportees is just a fiction
unsupported by evidence.
Some address are in cities organated by 20ml of
confict. We plan L iey in imenstigations to check into
there situations
6
I an sometimes asked why the US does not do anything
to solve the humanitarian problem of poverty and displaced
persons and violence in El Salvador. This is a startling
question, when you consider the enormous amount of American
diplomatic and political effort aimed at bringing democracy
and peace to El Salvador, and the extraordinary amounts of
economic aid which we give and increased amounts which the
Administration has urged upon Congress.
Our proposal of 341 million dollars in economic assistance
for FY 85 to El Salvador is certainly a valuable response to
the humanitarian problem there: I do not believe that the
appropriate response to the problems of poverty or violence
in El Salvador is to allow any Salvadoran who wishes to simply
live in America instead - any more than I think this is true
for Guatemala, or Haiti, or Nicaragua, or Sri Lanka, or
Afghanistan, or Iran, or Uganda, or Ethiopia, or Lebanon, or
Vietnam, or Zimbabwe. My point, of course, is that in a very
large number of countries millions of people, and indeed, tens
of millions, face lives which any American can only view as
desperate. How do we respond? We respond with our willingness
to allow hundreds of thousands to immigrate to the United States.
We respond with our asylum and refugee programs, which are
the most generous in the world. We respond with our foreign
aid program, now totaling 8.89 billion dollars including the
pending supplemental request. And we respond with various
700
political and diplomatic efforts to resolve disputes and reduce
violence. It does not seen to be that a sensible response can
be to say that all these people, if they can make it to the
CS, can stay. We can and we must do very many things to address
the urgent and desperate humanitarian needs of tens of millions
of people throughout the world, but one thing we really cannot
do for then all is tell them to move to America.
I therefore respectfully suggest that the current policy
is an appropriate one, combining large amounts of economic
assistance, energetic diplomatic efforts, and the grant of asylum
to those with a well-founded fear of persecution.
INS
THE WHITE HOUSE
WASHINGTON
August 30, 1983
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS ash
SUBJECT:
Letter to James Baker Regarding
Iranian Jewish Cases Pending Before
the Immigration and Naturalization Service
Rabbi Sherer, President of an organization of Orthodox Jews,
has written the Attorney General urging him to provide some
system of expeditious review of asylum claims by Iranian
Jews. Rabbi Lubinsky, Government Affairs Director of the
organization, wrote Mr. Baker, enclosing a copy of the
Sherer letter, and Mr. Baker has referred the correspondence
to us. When I inherited this matter from H.P., I called the
Justice Department for a copy of the Attorney General's
response to Sherer. Justice could not find any response.
Presumably the letter was referred to INS and lost forever.
I recommend a formal transmittal to ensure that any reply to
Lubinsky is consistent with Justice's reply to Sherer. Such
a transmittal will also afford Justice an opportunity to
reply to Sherer, if they have in fact lost his original
letter.
Attachments
IMMIGRATION REFORM LEGISLATION
Q.
The Senate has passed and the House is currently
debating the Simpson-Mazzoli immigration reform
legislation. There are significant differences between
the bill that passed the Senate and the one that is
likely to pass the House; in particular, the House bill
is likely to be considerably more costly in terms of
required Federal expenditures than the Senate bill. If
the final product is closer to the House bill than the
Senate bill, will you sign it?
A. This Administration has been working diligently for 3½
years to obtain significant immigration reform. As I
have stated many times, we need to regain control of our
borders. We support the Simpson-Mazzoli approach, which
has two major elements: making it illegal for employers
to hire illegal aliens -- to remove the incentive to
enter our country illegally -- and granting a one-time
amnesty to those who entered illegally in the past but
have now become settled here. This dual approach
combines effectiveness in regaining control of our
borders with fairness and compassion.
As for the differences between the Senate and House
versions, we have made it clear that we prefer the
Senate bill, which received overwhelming bipartisan
support in that body. It is our hope that through
changes in the House bill, and agreements in conference,
the final product will closely resemble the Senate
bill.
Q.
Speaker O'Neill once expressed the fear that you would
veto the immigration bill to garner election-year
support from Hispanics. Is that a possibility?
A. As the Senate vote demonstrated, immigration reform is
not a partisan political issue. There is widespread
bipartisan agreement that reform is needed and that
Simpson-Mazzoli is the best vehicle for achieving that
reform. Furthermore, the bill has significant support
among Hispanic groups. It does, after all, grant
amnesty to illegal aliens who have settled here -- the
vast majority being of Hispanic origin -- and the
provisions making it illegal to hire illegal aliens have
been carefully drafted to ensure that there is no
discrimination against American citizens of Hispanic
descent.
THE WHITE HOUSE
WASHINGTON
August 30, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to James Baker Regarding
Iranian Jewish Cases Pending Before
the Immigration and Naturalization Service
The attached correspondence from Rabbi Lubinsky of Agudath
Israel to Mr. James A. Baker III is transmitted for
appropriate review and direct response. You will note that
the Lubinsky letter refers to a letter from Rabbi Sherer to
the Attorney General.
Attachment
FFF: JGR:aea 8/30/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
August 30, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to James Baker Regarding
Iranian Jewish Cases Pending Before
the Immigration and Naturalization Service
The attached correspondence from Rabbi Lubinsky of Agudath
Israel to Mr. James A. Baker III is transmitted for
appropriate review and direct response. You will note that
the Lubinsky letter refers to a letter from Rabbi Sherer to
the Attorney General.
Attachment
FFF:JGR:aea 8/30/83
CC: FFFielding
JGRoberts
Subj.
Chron
ADOH to,
aea
ID #
151980 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
HPIM
© . OUTGOING
N . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Rabbi Menachem Lubinsky
MI Mall Report
User Codes: (A)
(B)
(C)
Subject: Letter to James Bakes re: Iranian Jewish cases
pending before the Immigration and Natusalization
Service.
ROUTE TO:
ACTION
DISPOSITION
Tracking
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of
Date
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ORIGINATOR
83,07,14
/ /
Referral Note:
WAT 03
D 83,07,14 PAI
583,07,24 PV4
Referral Note:
/ /
/ /
I
Referral Note:
/ /
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Referral Note:
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I
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ACTION CODES:
DISPOSITION CODES:
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C Completed
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R * Direct Reply w/Copy
B - Non-Special Referral
S * Suspended
D * Draft Response
S * For Signature
F - Furnish Fact Sheet
X - Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
rieluing
SHOULD
ESTABLISHED 1922
AGUDATH ISRAEL
manon
OF AMERICA
nux
призка
OFFICE OF GOVERNMENT
FIVE BEEKMAN STREET
NEW YORK, N.Y. 10038
AND PUBLIC AFFAIRS
PHONE: (212) 791-1800
CABLE: AGUDOHNEWYORK
June 9, 1983
151980 cu
Hon. James A. Baker, III
Chief of Staff and Assistant
to the President
The White House
Washington, D.C. 20500
Dear Mr. Baker:
I am pleased to share with you a copy of a letter that our
president, Rabbi Morris Sherer, sent to Attorney General William Smith.
In our discussions with the State Department and INS, we have
learned that an effort is underway to clear up the "backlog" of 150,000
cases. The problem, however, remains that Iranian Jews continue to be
treated as part of that backlog, despite the fact that they, along with
the Bahais and the Moslems, have already been determined candidates for
asylum.
I would urge you to use your good offices to urge the Attorney
General to undertake some special program to clear up the backlog of
Iranian Jewish cases as soon as possible.
Thank you for your assistance.
Kind regards.
Sincerely,
Rabbi Menachem Lubinsky
Director of Government and
Public Affairs
ML:dl
Enc.
) mms
ESTABLISHED 1922
AGUDATH ISRAEL
minnon
OF AMERICA
Skrw num
прузка
FIVE BEEKMAN STREET NEW YORK, N.Y. 10038
OFFICE OF THE PRESIDENT
PHONE (212) 791-1800 CABLE AGUDOHNEWYORK
June 9, 1983
Hon. William French Smith
Attorney General
U.S. Department of Justice
10th & Constitution Avenue, N.W.
Washington, D.C. 20530
Dear Attorney General Smith:
I am writing to solicit your assistance in dealing with the backlog of political
asylum requests by Iranian Jews that are now pending before the Immigration and
Naturalization Service.
Agudath Israel of America, which is a 61 year old national coalition movement of
Orthodox Jews, has a long history of assisting Jews who have fled from persecution. We
have worked very closely with INS and with the U.S. State Department to facilitate
processing large numbers of Iranian Jews who have come to this country since the fall of
the Shah of Iran.
We were extremely grateful to the Administration when it included Jews along with
Bahais and Moslems in a special status which predetermined that they were to be granted
asylum. However, as time lapsed on, we learned that the asylum applications of Iranian
Jews were unfortunately part of the huge backlog of cases that were pending at INS. I
understand that at this very moment 150,000 asylum applications are pending.
What prompts my concern is that we are aware of a large number of cases of Iranian
Jews currently in the U.S.A. where the delay in the granting of asylum has created enor-
mous hardships. In some cases, it has resulted in the inability of a youngster to pur-
sue an education. For some, it has prevented a relative from entering the country, and
for others, the delay affected a relative's health.
It is in this spirit that I appeal to you to make some extraordinary effort to
single out the cases of Iranian Jews for more expeditious review, particularly since
they are already in a predetermined category. I plead for your compassion and under-
standing in dealing with this problem.
Sincerely,
Jhaned
Rabbi Morris Sherer
President
MS:dl
DIVISIONS National Youth Commission Zeirer Agudath Israel Bnus Agudath Israel Purcher Agudath Israe! Bachurei Agudath Israel Agudist Women's Organization. N'shei Agudath Israel/Camp
Agudah. Camp Bnos. The Jewish Observer Dos Yiddishe Vort/Commission on Legislation and Civic Action, Commission on Israel Commission on Overseas Rescue and Relief/Commission on Social
Services Commission on Senior Citizens Project COPE Career Opportunities and Preparation for Employment). COPE Vocational Institute Commission on Latin American Jewry/National Com-
mission on Jewish Ethnic Affairs Udaiscope Southern Brooklyn Community Organization)/Commission on Branch Service and Development/ Commission on Adult Torah Education: Daf Yomi/
lewish Education Program (JEP)/Torah Education Network Resher Shiure Torah)/Torah Action Program (TAP) Project RISE (Russian Immigrant Services and Education) /Russian Immigrant
Rescue Fund/Proiect YAD for Russian lewry. Agudist Benevolent Society Chevra Osen Chesed