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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 WHITE HOUSE PE008-03 CORRESPONDENCE TRACKING WORKSHEET O . OUTGOING H . INTERNAL I * INCOMING JP-du Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Phillip Brady MI Mail Report User Codes: (A) (B) (C) Subject: proposed Cammunication to Cangress re: compensation for the avertime inspectional service op employees ap the US customs service and the Immigration & naturalyation Service 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 DO, 85/02/26 / / Refernal Note: CUAT 18 Referral Note: DUE A/R 85,02,27 5 85,03,11 / / / / No ACTION MELESSARY / / A S: C Completed ferral S Suspended RRESPONDENCE: = Initials of Signer = "A" = 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 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 WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 . OUTGOING H - INTERNAL J.R. I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: James C. mun MI Mail Report User Codes: (A) (B) (C) Subject: Justice and 65A draft reports an H.R. 30, the "Immigration 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 CMHOLL ORIGINATOR 85,04,18 / / DD Referral Note: CUAT 18 A 85,04,19 5 85,0429 DDV 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 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 CORRESPONDENCE TRACKING WORKSHEET o - OUTGOING H . INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: alan nelson MI Mail Report User Codes: (A) (B) (C) Subject: Testimony: Immigration and naturalization service before Committee an the Judiciary ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUITOLL ORIGINATOR 85,04,18 / / Referral Note: CUAT18 R 85,04,18 5 85,04,19 Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / I 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 ID # CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 * OUTGOING H - INTERNAL I * INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: maurice Inman MI Mail Report User Codes: (A) (B) (C) Subject: sestimony : smmigration and naturalization service before Committee an the Judiciary ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CULTOLL ORIGINATOR 85,04,18 / / Referral Note: CUAT 18 R 85,04,18 5 85,04,19 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 Lisa : - Chinago national - no bar to re-entry 4 month writers in, unless deported sparmal by brother. - can so in + get expired. attain it leaving how to and and soon [ is ale nlinis] when returns, has { Lisa will call) for reactry Row (our laws) - no working papers retronative extension, [ working papers dontic] 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 P PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL X Message Oea 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 CORRESPONDENCE TRACKING WORKSHEET o . OUTGOING H INTERNAL I . INCOMING Confidential attachment Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Robert M. Kenmitt HR MI Mail Report User Codes: (A) (B) (C) Subject: Response to Governor Grahamic (5/58506462) Letter to President on Mariel Boatleft ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUItolland ORIGINATOR 85,03,08 / / Referral Note: CUAT18 D 85,03,11 585,03,12 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 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 JR H * INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Branden Bhim OMB MI Mail Report User Codes: (A) (B) (C) Subject: Statement of Elliott Abrams concerning H.R. 4447 for temporary deportation of nationals from El SalvadoR / immigration policy 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 84,04,10 / / Referral Note: CUAT 18 D 84 04,10 / / Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action 1. - 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 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 Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CNLLO" 11 ORIGINATOR 83,07,14 / / Referral Note: WAT 03 D 83,07,14 PAI 583,07,24 PV4 Referral Note: / / / / I Referral Note: / / / / Referral Note: / / / / I 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 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

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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: Immigration and Naturalization\n(7 of 13)\nBox: 28\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection: ROBERTS, JOHN G.: Files\nArchivist: kdb/srj\nFile Folder: Immigration & Naturalization [7] OA12662\nDate: 2/12/98\n12660\nDOCUMENT\nSUBJECT/TITLE\nDATE\nRESTRICTION\nNO. AND TYPE\n1. memo\nRoberts toBranden Blum re: testimony: Immigration\n4/19/85\nPS\nand Naturalization Service before committee on the\n00 12/14/00\nJudiciary. 1p.\nRESTRICTION CODES\nPhotocopied at the Ronald Reagan Library\nPresidential Records Act [44 U.S.C. 2204(a)]\nFreedom of Information Act [5 U.S.C. 552(b)]\nP-1 National security classified information [(a)(1) of the PRA].\nF-1 National security classified information [(b)(1) of the FOIA].\nP-2 Relating to appointment to Federal office [(a)(2) of the PRA].\nF-2 Release could disclose internal personnel rules and practices of an agency [(b)(\nof\nP-3 Release would violate a Federal statute [(a)(3) of the PRA].\nFOIA].\nP-4 Release would disclose trade secrets or confidential commercial or financial information\nF-3 Release would violate a Federal statue [(b)(3) of the FOIA].\n[(a)(4) of the PRA].\nF-4 Release would disclose trade secrets or confidential commercial or financial inf\nP-5 Release would disclose confidential advice between the President and his advisors, or\n[(b)(4) of the FOIA].\nbetween such advisors [(a)(5) of the PRA].\nF-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)\nB\nP-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of\nFOIA].\nthe PRA].\nF-7 Release would disclose information compiled for law enforcement purposes [(b\nthe FOIA].\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nF-8 Release would disclose information concerning the regulation of financial institu\n[(b)(8) of the FOIA].\nF-9 Release would disclose geological or geophysical information concerning wells = = =\nthe FOIA].\nTHE WHITE HOUSE\nWASHINGTON\nJuly 16, 1985\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nASSOCIATE COUNSEL 012R TO THE PRESIDENT\nJOHN G. ROBERTS\nSUBJECT:\nDOJ Draft Report on S. 1074, the\n\"Immigrant Repatriation Study Act\"\nCounsel's Office has reviewed the above-referenced draft\nreport, and finds no objection to it from a legal\nperspective.\n326065\nID #.\nCU\nN ]\nWHITE HOUSE\nIM\nCORRESPONDENCE TRACKING WORKSHEET\n0 . OUTGOING\nH - INTERNAL\nI - INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: James C mun\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: DOJ draft report an 51074 the Immigrant\nRepatriation Study act\"\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOLL\nORIGINATOR 85,07,01ex:\n/\n/\nReferral Note:\nCUAT 18\nR\n85,07,02\n5 85,07,18\nReferral Note:\n/ /\n/ /\nReferral Note:\n/ /\n/ /\n-\nReferral Note:\n/ /\n/ /\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI . Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR - - Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD . Draft Response\nS For Signature\nF . Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nEXECUTIVE OFFICE OF THE PRESIDENT\nOF THAT UNITED\nOFFICE OF management AND BUDGET\nWASHINGTON, D.C. 20503\nSPECIAL\nJuly 1, 1985\nLEGISLATIVE REFERRAL MEMORANDUM\nTO:\nDepartment of State\nDepartment of Health and Human Services\nNational Security Council\nDepartment of Transportation\n326065 cel\nSUBJECT:\nDOJ draft report on S. 1074, the \"Immigrant Repatriation\nStudy Act\"\nThe Office of Management and Budget requests the views of your\nagency on the above subject before advising on its relationship\nto the program of the President, in accordance with OMB Circular\nA-19.\nPlease provide us with your views no later than\nFriday, July 19, 1985\nDirect your questions to Branden Blum (395-3454), the legislative\nattorney in this office.\nJames USM C. Murr for\nAssistant Director for\nLegislative Reference\nEnclosure\nCC: T. Treacy\nS. Brentlinger\nS. Gates\nJ. Weinberg\nF. Fielding\nJ. Cooney\nU.S. Department of Justice\nOffice of Legislative and Intergovernmental Affairs\n82-0120 - meb:am\nOffice of the Assistant Attorney General\nWashington, D.C. 20530\nHonorable Strom Thurmond\nChairman, Committee on the Judiciary\nUnited States Senate\nWashington, D.C. 20510\nDear Mr. Chairman:\nThis is in response to your request for the views of the\nDepartment of Justice on S.1074, a bill to study the problems of\nindigent, elderly immigrants who wish to return to their home\ncountries but cannot afford to pay the transportation costs to do\nSO. The Department of Justice recommends against enactment of\nthis legislation.\nThe bill directs the Attorney General to study the problems of\nindigent, elderly immigrants who may wish to return to their home\ncountries but cannot afford to pay the cost of travel. The\nAttorney General is directed to conduct a study to determine the\nnumber of such immigrants, the cost of such a program, the\noptions for financing such a program, and the advantages or\ndisadvantages of requiring the government to ensure that a\nrepatriated immigrant's health and welfare will be protected upon\nreturn to his or her country. The bill further requires the\nAttorney General to determine whether and to what extent the\nrepatriation program in the State of Hawaii should be used as a\nmodel for a similar Federal program.\nSection 250 of the Immigration and Nationality Act grants the\nAttorney General the authority to remove from the United States\nany alien who falls into distress or who needs public aid from\ncauses arising subsequent to his entry, and is desirous of being\nso removed, to the native country of such alien, or to the\ncountry from which he came, or to the country of which he is a\ncitizen or subject, or to any other country to which he wishes to\ngo and which will receive him, at the expense of the\nappropriation for the enforcement of the Act. We believe that\nthis section of the current law adequately provides for those\nindigent and elderly immigrants sought to be protected in the\nproposed legislation.\nWith regard to the study required by the proposed bill, many of\nthe items to be studied are not within the purview of the\nImmigration and Naturalization Service. For example, the\nAttorney General is directed to study the cost savings from the\n-2-\ntermination of public benefits to which the repatriated\nimmigrants would no longer be entitled. These programs, such as\nsupplemental security income, food stamps, etc., are operated by\nother Federal and State agencies.\nFurther, the Department of Justice opposes requiring the -Federal\nGovernment to attempt to ensure that a repatriated immigrant's\nhealth and welfare will be protected upon return to the native\ncountry. Such an undertaking is not within the purview of the\nDepartment of Justice.\nThe Office of Management and Budget has advised this Department\nthat there is no objection to the submission of this report from\nthe standpoint of the Administrations program.\nSincerely,\nPhillip D. Brady\nActing Assistant Attorney General\nOffice of Legislative and\nIntergovernmental Affairs\nTHE WHITE HOUSE\nWASHINGTON\nJune 13, 1985\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nJOHN G. ROBERTS\nASSOCIATE COUNSEL 032 THE PRESIDENT\nSUBJECT:\nDOJ and INS Draft Testimony on S. 1200,\nImmigration Reform and Control Act of 1985\nCounsel's Office has reviewed the above-referenced\ntestimony, and finds no objection to it from a legal\nperspective.\nID #\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\n0 * OUTGOING\nH INTERNAL\nI . INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: James C. mun\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: DOJ and INS draft testimony an S. 1200, the\nImmigration Refarm and Control act of 1985\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCHAROLL\nORIGINATOR 85,06,12\n/\n/\nReferral Note:\nOUAT 18\nR 85 106112\n$5,06,13\nReferral Note:\n/ pm\n/\n/\n/ /\n-\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\nACTION CODES\nDISPOSITION CODES:\nA. Appropriate Action\nI Into Copy Only/No Action Necessary\nA - Answered\nC Completed\nC Comment/Recommendation\nR. Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD Draft Response\nS - For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nINS FILE\nDEPARTMENT OF STATE\nInformation Sheet\nCLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS\nSection 221(g) of the Immigration and Nationality Act reads as follows:\n\"No visa or other documentation shall be issued to an alien if (1) it appears to the consular\nofficer, from statements in the application, or in the papers submitted therewith, that such alien\nis ineligible to receive a visa or such other documentation under section 212, or any other pro-\nvisions of law, (2) the application fails to comply with the provisions of this Act, or the reg-\nulations issued thereunder, or (3) the consular officer knows or has reason to believe that such\nalien is ineligible to receive a visa or such other documentation under section 212, or any other\nprovision of law: Provided, That a visa or other documentation may be issued to an alien who is\nwithin the purview of section 212(a)(7), or section 212(a)(15), if such alien is otherwise entitled\nto receive a visa or other documentation, upon receipt of notice by the consular officer from the\nAttorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens\nadmitted under section 213: Provided further, That a visa may be issued to an alien defined in\nsection 101(a)(15)(B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt\nof a notice by the consular officer from the Attorney General of the giving of a bond with suffi-\ncient surety in such sum and containing such conditions as the consular officer shall prescribe,\nto insure that at the expiration of the time for which such alien has been admitted by the Attorney\nGeneral, as provided in section 214(a), or upon failure to maintain the status under which he was\nadmitted, or to maintain any status subsequently acquired under section 248 of the Act, such\nalien will depart from the United States.\"\nSection 212(e) of the Immigration and Nationality Act reads as follows:\n\"No person admitted under section 101(a)(15)(J) or acquiring such status after admission (i)\nwhose participation in the program for which he came to the United States was financed in whole\nor in part, directly or indirectly, by an agency of the Government of the United States or by the\ngovernment of the country of his nationality or his last residence, (ii) who at the time of ad-\nmission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country\nwhich the Secretary of State, pursuant to regulations prescribed by him, had designated as clearly\nrequiring the services of persons engaged in the field of specialized knowledge or skill in which\nthe alien was engaged, or (iii) who came to the United States or acquired such status in order to\nreceive graduate medical education or training, shall be eligible to apply for an immigrant visa,\nor for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section\n101(a)(15)(L) until it is established that such person has resided and been physically present in\nthe country of his nationality or his last residence for an aggregate of at least two years follow-\ning departure from the United States: Provided, That upon the favorable recommendation of the\nSecretary of State, pursuant to the request of an interested United States Government agency, or\nof the Commissioner of Immigration and Naturalization after he has determined that departure from\nthe United States would impose exceptional hardship upon the alien's spouse or child (if such\nspouse or child is a citizen of the United States or a lawfully resident alien), or that the alien\ncannot return to the country of his nationality or last residence because he would be subject to\npersecution on account of race, religion, or political opinion, the Attorney General may waive the\nrequirement of such two-year foreign residence abroad in the case of any alien whose admission to\nthe United States is found by the Attorney General to be in the public interest: And provided\nfurther, That, except in the case of an alien described in clause (iii), the Attorney General may,\nupon the favorable recommendation of the Secretary of State, waive such two-year foreign residence\nrequirement in any case in which the foreign country of the alien's nationality or last residence\nhas furnished the Secretary of State a statement in writing that it has no objection to such waiver\nin the case of such alien.\"\nSection 212(a) of the Immigration and Nationality Act reads as follows:\n\"Except as otherwise provided in this Act, the following classes of a liens shall be ineligible\nto receive visas and shall be excluded from admission into the United States:\n\"(1) Aliens who are mentally retarded;\n\"(2) Aliens who are insane;\n\"(3) Aliens who have had one or more attacks of insanity;\n\"(4) Aliens afflicted with psychopathic personality, or sexual deviation, or a mental defect;\n\"(5) Aliens who are narcotic drug addicts or chronic alcoholics;\n\"(6) Aliens who are afflicted with any dangerous contagious disease;\n\"(7) Aliens not comprehended within any of the foregoing classes who are certified by the ex-\namining surgeon as having a physical defect, disease, or disability, when determined by the consu-\nlar or immigration officer to be of such a nature that it may affect the ability of the alien to\nearn a living, unless the alien affirmatively establishes that he will not have to earn a living;\n\"(8) Aliens who are paupers, professional beggars, or vagrants;\nLetter\n1-79\nDSL-851\n- 2 -\n\"(9) Aliens who have been convicted of a crime involving moral turpitude (other than a purely\npolitical offense), of aliens who admit having committed such a crime, or aliens who admit committing\nacts which constitute the essential elements of such a crime; except that aliens who have committed\nonly one such crime while under the age of eighteen years may be granted a visa and admitted if the\ncrime was committed more than five years prior to the date of the application for a visa or other\ndocumentation, and more than five years prior to date of application for admission to the United\nStates, unless the crime resulted in confinement in a prison or correctional institution, in which\ncase such alien must have been released from such confinement more than five years prior to the date\nof the application for a visa or other documentation, and for admission, to the United States. Any\nalien who would be excludable because of the conviction of a misdemeanor classifiable as a petty\noffense under the provisions of section 1(3) of title 18, United States Code, by reason of the\npunishment actually imposed, or who would be excludable as one who admits the commission of an of-\nfense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, United\nStates Code, by reason of the punishment which might have been imposed upon him, may be granted a\nvisa and admitted to the United States if otherwise admissible: Provided, That the alien has comitt-\ned only one such offense, or admits the commission of acts which constitute the essential elements\nof only one such offense.\n\"(10) Aliens who have been convicted of two or more offenses (other than purely political offenses),\nregardless of whether the conviction was single trial or whether the offenses arose from a single\nscheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the\naggregate sentences to confinement actually imposed were five years or more;\n\"(11) Aliens who are polygamists or who practice polygamy or advocate the practice of polygamy;\n\"(12) Aliens who are prostitutes or who have engaged in prostitution, or aliens coming to the\nUnited States solely, principally, or incidentally to engage in prostitution; aliens who directly\nor indirectly procure or attempt to procure, or who have procured or attempted to procure or to im-\nport, prostitutes or persons for the purpose of prostitution or for any other immoral purpose; and\naliens who are or have been supported by, or receive or have received, in whole or in part, the\nproceeds of prostitution or aliens coming to the United States to engage in any other unlawful\ncommercialized vice, whether or not related to prostitution;\n\"(13) Aliens coming to the United States to engage in any immoral sexual act;\n\"(14) Aliens seeking to enter the United States, for the purpose of performing skilled or unskilled\nlabor, unless the Secretary of Labor has determined and certified to the Secretary of State and to\nthe Attorney General that (A) there are not sufficient workers who are able, willing, qualified (or\nequally qualified in the case of aliens who are members of the teaching profession or who have ex-\nceptional ability in the sciences or the arts), and available at the time of application for a visa\nand admission to the United States and at the place where the alien is to perform such skilled or\nunskilled labor, and (B) the employment of such aliens will not adversely affect the wages and\nworking conditions of the workers in the United States similarly employed. The exclusion of aliens\nunder this paragraph shall apply to preference immigrant aliens described in section 203(a)(3) and\n(6), and to nonpreference immigrant aliens described in section 203(a)(8);\n\"(15) Aliens who, in the opinion of the consular icer at the time of application for a visa,\nor in the opinion of the Attorney General at the time of application for admission, are likely at\nany time to become public charges;\n\"(16) Aliens who have been excluded from admission and deported and who again seek admission\nwithin one year from the date of such deportation, unless prior to their reembarkation at a place\noutside the United States or their attempt to be admitted from foreign contiguous territory the\nAttorney General has consented to their reapplying for admission;\n\"(17) Aliens who have been arrested and deported, or who have fallen into distress and have been\nremoved pursuant to this or any prior act, or who have been removed at Government expense in lieu\nof deportation pursuant to section 242 (b), unless prior to their embarkation or reembarkation at\na place outside the United States or their attempt to be admitted from foreign contiguous territory\nthe Attorney General has consented to their applying or reapplying for admission;\n\"(18) Aliens who are stowaways;\n\"(19) Any alien who seeks to procure, or has sought to procure, or has procured a visa or other\ndocumentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a\nmaterial fact;\n\"(20) Except as otherwise specifically provided in this Act, any immigrant who at the time of\napplication for admission is not in possession of a valid unexpired immigrant visa, reentry permit,\nborder crossing identification card, or other valid entry document required by this Act, and a\nvalid unexpired passport, or other suitable travel document, or document of identity and nationality,\nif such document is required under the regulations issued by the Attorney General pursuant to\nsection 211 (e);\n\"(21) Except as otherwise specifically provided in this Act, any quota immigrant at the time of\napplication for admission whose visa has been issued without compliance with the provisions of\nsection 203;\nDSL-851\n- 3 -\n\"(22) Aliens who are ineligible to citizenship, except aliens seeking to enter as nonimmigrants;\nor persons who have departed from or who have remained outside the United States to avoid or evade\ntraining or service in the armed forces in time of war a period declared by the President to be\na national emergency, except aliens who were at the time of such departure nonimmigrant aliens and\nwho seek to reenter the United States as nonimmigrants;\n\"(23) Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or\nregulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who\nhas been convicted of a violation of, or a conspiracy to violate, any law or regulation governing\nor controlling the taxing, manufacture, production, compounding, transportation, sale, exchange,\ndispensing, giving away, importation, exportation, or the possession for the purpose of the manu-\nfacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importa-\ntion, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative or preparation\nof opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate;\nor any alien who the consular officer or immigration officers know or have reason to believe is or\nhas been an illicit trafficker in any of the aforementioned drugs;\n\"(24) Aliens (other than aliens described in section 101(a)(27)(A) and aliens born in the Western\nHemisphere) who seek admission from foreign contiguous territory or adjacent islands, having arrived\nthere on a vessel or aircraft of a nonsignatory line, or if signatory, a noncomplying transportation\nline under section 238(a) and who have not resided for at least two years subsequent to such arrival\nin such territory or adjacent islands\n\"(25) Aliens (other than aliens wh o have been lawfully admitted for permanent residence and who\nare returning from a temporary visit abroad) over sixteen years of age, physically capable of reading,\nwho cannot read and understand some language or dialect.\n\"(26) Any nonimmigrant who is not in possession of (A) a passport valid for a minimum period of\nsix months from the date of the expiration of the initial period of his admission or contemplated\ninitial period of stay authorizing him to return to the country from which he came or to proceed\nto and enter some other country during such period; and (B) at the time of application for admission\na valid nonimmigrant visa or border crossing identification card;\n\"(27) Aliens who the consular officer or the Attorney General knows or has reason to believe seek\nto enter the United States solely, principally, or incidentally to engage in activities which would\nbe prejudicial to the public interest, or endanger the welfare, safety, or security of the United\nStates;\n\" (28) Aliens who are, or at any time have been, members of any of the following classes;\n(A) Aliens who are anarchists;\n(B) Aliens who advocate or teach, or who are members of or affiliated with any organization\nthat advocates or teaches, opposition to all organized government;\n(c) Aliens who are members of or affiliated with (i) the Communist Party of the United\nStates, (ii) any other totalitarian party of the United States, (iii) the Communist Political\nAssociation, (iv) the Communist or any other totalitarian party of any State of the United States,\nof any foreign state, or of any political or geographical subdivision of any foreign state,\n(v) any section, subsidiary branch, affiliate, or subdivision of any such association or\nparty, or (vi) the direct predecessors or successors of any such association or party,\nregardless of what name such group or organization may have used, may now bear, or may\nhereafter adopt: Provided, That nothing in this paragraph, or in any other provision of\nthis Act, shall be construed as declaring that the Communist Party does not advocate the\noverthrow of the Government of the United States by force, violence, or other unconstitu-\ntional means;\n(D) Aliens not within any other provisions of this paragraph who advocate the economic,\ninternational, and governmental doctrines of world communism or the establishment in the\nUnited States of a totalitarian dictatorship, or who are members of or affiliated with\nany organization that advocates the economic, international, and governmental doctrines\nof world communism or the establishment in the United States of a totalitarian dictator-\nship, either through its own utterances or through any written or printed publications\nissued or published by or with the permission or consent of or under the authority of such\norganization or paid for by the funds of, or funds furnished by, such organization;\n(E) Aliens not within any of the other provisions of this paragraph, who are member of\nor affiliated with any organization during the time it is registered or required to be\nregistered under section 7 of the Subversive Activities Control Act of 1950, unless such\naliens establish that they did not have knowledge or reason to believe at the time they\nbecame members of or affiliated with such an organization (and did not thereafter and\nprior to the date upon which such organization was so registered or so required to be\nregistered have such knowledge or any reason to believe) that such organization was a\nCommunist organization;\n(F) Aliens who advocate or teach or who are members of or affiliated with any organization\nthat advocates or teaches (i) the overthrow by force, violence, or other unconstitutional\nmeans of the Government of the United States or of all forms of law; or (ii) the duty,\nDSL-851\n- 4 -\nnecessity, or propriety of the unlawful assaulting or killing of any officer or officers\n(either of specific individuals or of officers generally) of the Government of the United\nStates or of any other organized government, because of his or their official character; or\n(iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage;\n(G) Aliens who write or publish, or cause to be written or published, or who knowingly circu-\nlate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed,\npublished, or displayed, or who knowingly have in their possession for the purpose of circu-\nlation, publication, distribution, or display, any written or printed matter, advocating or\nteaching opposition to all organized government, or advocating or teaching (1) the overthrow\nby force, violence, or other unconstitutional means of the Government of the United States or\nof all forms of law; or (ii) the duty, necessity or propriety of unlawful assaulting or killing\nof any officer or officers (either of specific individuals or of officers generally) of the\nGovernment of the United States or of any other organized government, because of his or their\nofficial character; or (iii) the unlawful damage, injury, or destruction of property; or\n(iv) sabotage; or (v) the economic, international, and governmental doctrines of world commu-\nnism or the establishment in the United States of a totalitarian dictatorship;\n(H) Aliens who are members of or affiliated with any organization that writes, circulates,\ndistributes, prints, publishes, or displays, or causes to be written, circulated, distributed,\nprinted, published, or displayed, or that has in its possession for the purpose of circulation,\ndistribution, publication, issue, or display, any written or printed matter of the character\ndescribed in paragraph (G);\n(I) Any alien who is within any of the classes described in subparagraphs (B), (c), (D), (E),\n(F), (G), and (H) of this paragraph because of me mbership in or affiliation with a party or\norganization or a section, subsidiary, branch, affiliate, or subdivision thereof, may, if not\notherwise ineligible, be issued a visa if such alien establishes to the satisfaction of the\nconsular officer when applying for a visa and the consular officer finds that (i) such member-\nship or affiliation is or was involuntary, or is or was solely when under sixteen years of\nage, by operation of law, or for purposes of obtaining employment, food rations, or other\nessentials of living and when necessary for such purposes, or (ii) (a) since the termination\nof such membership or affiliation, such alien is and has been, for at least five years prior\nto the date of the application for a visa, actively opposed to the doctrine, program, principles,\nand ideology of such party or organization or the section, subsidiary, branch, or affiliate\nor subdivision thereof, and (b) the admission of such alien into the United States would be\nin the public interest. Any such alien to whom a visa has been issued under the provisions\nof this subparagraph may, if not otherwise inadmissible, be admitted into the United States\nif he shall establish to the satisfaction of the Attorney General when applying for admission\nto the United States and the Attorney General finds that (i) such membership or affiliation\nis or was solely when under sixteen years of age, by operation of law, or for purposes of\nobtaining employment, food rations, or other essentials of living and when necessary for such\npurposes, or (ii)(a) since the termination of such membership or affiliation, such alien is\nand has been, for at least five years prior to the date of the application for admission\nactively opposed to the doctrine, program, principles, and ideology of such party or organi-\nzations, or the ection, subsidiary, branch, or affiliate or subdivision thereof, and (b) the\nadmission of such alien into the United States would be in the public interest. The Attorney\nGeneral shall promptly make a detailed report to the Congress in the case of each alien who\nis or shall be admitted into the United States under (ii) of this subparagraph;\n\"(29) Aliens with respect to whom the consular officer or the Attorney General knows or has\nreasonable ground to believe probably would, after entry, (A) engage in activities whichwould be\nprohibited by the laws of the United States relating to espionage, sabotage, public disorder, or\nin other activity subversive to the national security, (B) engage in any activity a purpose of\nwhich is the opposition to, or the control or overthrow of, the Government of the United States,\nby force, violence, or other unconstitutional means, or (c) join, affiliate with, or participate\nin the activities of any organization which is registered or required to be registered under sec-\ntion 7 of the Subversive Activities Control Act of 1950;\n\"(30) Any alien accompanying another alien ordered to be excluded and deported and certified to\nbe helpless from sickness or mental or physical disability or infancy pursuant to section 237(e),\nwhose protection or guardianship is required by the alien ordered excluded and deported;\n\"(31) Any alien who at any time shall have, knowingly and for gain, encourged, induced, assisted,\nabetted, or aided any other alien to enter or to try to enter the United States in violation of law.\n\"(32) Aliens who are graduates of a medical school and are coming to the United States princi-\npally to perform services as members of the medical profession, except such aliens who have passed\nparts I and II of the ational Board of Medical Examiners Examination (or an equivalent examination\nas determined by the Secretary of Health, Education and Welfare) and who are competent in oral and\nwritten English. The exclusion of aliens under this paragraph shall apply to spe cial immigrants\ndefined section 101(a)(27)(A) (other than the parents, spouses, or children of United States\ncitizens or of aliens lawfully admitted for permanent residence), to nonpreference immigrant aliens\ndescribed in section 203(a)(8), and to preference immigrant aliens described in section 203(a)\n(3) and (6).\nDSL-851\n- 5 -\n\"(33) Any alien who during the period beginning on March 23, 1933, and ending on May 8, 1945,\nunder the direction of or in association with-\n(A) the Nazi government of Germany,\n(B) any government in any area occupied by the military forces of the Nazi government of\nGermany,\n(c) any government established with the assistance or cooperation of the Nazi government\nof Germany, or\n(D) any government which was an ally of the Nazi government of Germany,\nordered, incited, assisted, or otherwise participated in the persecution of any person\nbecause of race, religion, national origin, or political opinion.\nNOTE: If you believe you are ineligible for a visa under one of the classes enumerated above,\nplease read carefully the following exceptions and explanations to determine whether they\nmight be applicable to you.\nSection 212(g) of the Immigration and Nationality Act, provides that:\n\"Any alien who is excludable from the United States under paragraph (1) of subsection (a) of\nthis section, or any alien afflicted with tuberculosis in any form who (A) is the spouse or the\nunmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen,\nor of an alien lawfully admitted for permanent residence, or if an alien who has been issued an\nimmigrant visa, or (B) has a son or daughter who is a United States citizen, or of an alien lawfully\nadmitted for permanent residence, or an alien who has been issued an immigrant visa, shall, if other-\nwise admissible, be issued a visa and admitted to the United States for permanent residence in\naccordance with such terms, conditions, and controls, if any, including the giving of a bond, as\nthe Attorney General, in his discretion after consultation with the Surgeon General of the United\nStates Public Health Service, may by regulations prescribe. Any alien excludable under paragraph\n(3) of subsection (a) of this section because of past history of mental illness who has one of the\nsame family relationships as are prescribed in this subsection for aliens afflicted with tubercu-\nlosis and whom the Surgeon General of the United States Public Health Service finds to have been\nfree of such mental illness for a period of time sufficient in the light of such history to demon-\nstrate recovery shall be eligible for a visa in accordance wi the terms of this subsection.\"\nSection 212(h) of the Immigration and Nationality Act, provides that:\n\"Any alien, who is excludable from the United States under paragraphs (9), (10), or (12) of this\nsection, who (A) is the spouse or child, including a minor unmarried adopted child, of a United\nStates citizen, or of an alien lawfully admitted for permanent residence, or (B) has a son or\ndaughter who is a United States citizen or an alien lawfully admitted for permanent residence,\nshall, if otherwise admissible, be issued a visa and admitted to the United States for permanent\nresidence (1) if it shall be established to the satisfaction of the Attorney General that (A) the\nalien's exclusion would result in extreme hardship to the United States citizen or lawfully resi-\ndent spouse, parent, or son or daughter of such alien, and (B) the admission to the United States\nof such alien would not be contrary to the national welfare, safety, or security of the United\nStates; and (2) if the Attorney General, in his discretion, and pursuant to such terms, conditions,\nand procedures as he may by regulations prescribe, has consented to the alien's applying or re-\napplying for a visa and for admission to the United States.\"\nSection 212(1) of the Immigration and Nationality Act, provides that:\n\"Any alien who is the spouse, parent, or child of a United States citizen or of an alien law-\nfully admitted for permanent residence and who is excludable because (1) he seeks, has sought to\nprocure, or has procured, a visa or other documentation, or entry into the United States, by fraud\nor misrepresentation, or (2) he admits the commission of perjury in connection therewith, may be\ngranted a visa and admitted to the United States for permanent residence, if otherwise admissable,\nif the Attorney General in his discretion has consented to the alien's applying or reapplying for\na visa and for admission to the United States.\"\nSection 212(b)(1) exempts from the literacy requirement of par agraph (25) any prospective immigrant\nwho is the parent, grandparent, spouse, daughter, or son of an admissible alien, or any alien law-\nfully admitted to the United States for permanent residence, or any citizen of the United States,\nif accompanying such admissible alien, or coming to join such citizen or alien permanent resident,\nand if otherwise admissible.\nThe provisions of paragraphs (11) and (25) are not applicable to aliens who in good faith seek\nto enter the United States as nonimmigrants. (212 (d)(1))\nThe exceptions under paragraph (28)(I) should be noted; these exceptions apply to nonimmigrants\nand immigrants alike.\nThe provisions of paragraphs (9), (10), (12), and (23) above apply regardless of the issuance\nof a decree of amnesty, a foreign pardon, the expungement of penal records, or any other act of\nclemency. A visa applicant must furnish full information regarding any conviction of a criminal\noffense regardless of the fact that he may have subsequently benefited from an amnesty, pardon or\nDSL-851\n- 6 -\nother act of clemency. Failure to reveal such a conviction might result in permanent exclusion\nfrom the United States, or in prosecution or deportation in the event admission is effected on the\nbasis of such a misrepresentation. An explanation of any amnesty, pardon or other act of clemency\nshould be given in order that the consular officer may have complete information as a basis for\ndetermining whether the conviction or convictions would have a bearing upon the applicant's eligi-\nbility to receive a visa.\nAdditionally, the Immigration and Nationality Act contains provisions for waiver of certain\ngrounds of ineligibility for nonimmigrants and persons who have been lawfully admitted to the United\nStates for permanent residence and who are returning to a lawful unrelinquished domicile of seven\nconsecutive years in the United States.\nPenalties.\nAn applicant will be required to make certain statements under oath at the time of formal appli-\ncation for a visa and submit certain documentary evidence that he is not among any of the ineligible\nclasses. These statements and the evidence will be carefully examined, It should be understood\nthat willful misrepresentation of a material fact in connection with a visa application may result\nin permanent inadmissibility to the United States or deportation if admitted.\nDSL-851\nDEPARTMENT OF STATE\nWashington, D.C. 20520\nEVIDENCE WHICH MAY BE PRESENTED TO MEET THE\nPUBLIC CHARGE PROVISIONS OF THE LAW\nGENERAL\nThe Immigration and Nationality Act requires an applicant for a visa to establish to the satisfaction of the consula\nofficer at the time of his application for a visa, and also to the satisfaction of the United States immigration officials a\nthe time of his application for admission into the United States, that he is not likely at any time to become a public charge\nAn applicant for an immigrant visa may generally satisfy this requirement of the law by the presentation of docu\nmentary evidence, in duplicate, establishing that:\n1. he has, or will have, in the United States funds of his own sufficient to provide for the support of himself and\nmembers of his family; or\n2. he has employment awaiting him in the United States which will provide an adequate income for himsel\nand members of his family; or\n3. he is skilled in a profession or occupation which has been determined to be in short supply/in the United State\nand can show that he has funds adequate for transportation to the United States and for the support o\nhimself and members of his family until he is able to locate employment in his profession or occupation; 01\n4. relatives or friends in the United States will assure his support.\nAPPLICANT'S OWN FUNDS\nAn applicant who expects to be able to meet the public charge provisions of the law under 1. or to present evidence\nof funds required under 3. above may submit to the consular officer one or more of the following items:\n(a) statement from an officer of a bank showing present balance of applicant's account, date account was opened\nand average balance during the year. If there have been recent unusually large deposits, an explanation\ntherefor should be given;\n(b) proof of ownership of property or real estate, in the form of a letter from a lawyer, banker or responsible real\nestate agent showing its present valuation. Any mortgages or loans against the property must be stated\n(c) letter or letters verifying ownership of stocks and bonds, with present market value indicated;\n(d) statement from insurance company showing policies held and present cash surrender value;\n(e) proof of income from business investments or other sources.\nEMPLOYMENT\nApplicants having prearranged employment should submit evidence thereof, in duplicate, from the prospectiv\nemployer on his business letterhead or if he has no letterhead in the form of a contract or affidavit. An applicant who\nemployment has been certified by the Department of Labor need not furnish a statement or contract of employment\nunless specifically requested to do so by the consular officer.\nThe letter, contract or affidavit should:\n(a) contain a definite offer of employment;\n(b) state whether the employment will be immediately available upon the applicant's arrival in the United States\n(c) specify the location, type, and duration (whether seasonal, temporary, or indefinite) of the employmen\noffered;\n(d) specify the rate or range of compensation to be paid;\n(e) be of recent date; and\n(f) if the prospective employer is an individual rather than a firm, some evidence proving that the individua\nis in a financial position to carry out the offer of employment.\nOPTIONAL FORM 16\nAFFIDAVIT OF SUPPORT\nThere are no prescribed forms to be used by persons in the United States who desire to furnish sponsorship in t.\nform of an affidavit of support for presentation to the consul.\nEach sponsor should furnish a statement, in duplicate, in affidavit form setting forth his willingness and financi\nability to contribute to the applicant's support and his reasons in detail for sponsoring the applicant.\nThe sponsor's statement should include:\n(a) information regarding his income;\n(b) where material, information regarding his resources;\n(c) his obligations for the support of members of his own family and other persons, if any;\n(d) his other obligations and expenses;\n(e) plans and arrangements made for the applicant's reception and support; and\n(f) an expression of willingness to deposit a bond, if necessary, with the Immigration and Naturalizatio\nService to guarantee that the applicant will not become a public charge in the United States.\nThe sponsor should include in his affidavit a statement concerning his status in the United States. If the sponso\nis an American citizen he should state how he acquired United States citizenship. If naturalized, he should indicat\nin the affidavit the date of naturalization, the name and location of the court, and the number of his certificate C\nnaturalization. In no case, however, should a naturalized citizen attach a copy of his certificate of naturalization sinc\nreproduction thereof is prohibited by law and severe legal penalties are prescribed for such reproduction. If the sponse\nis an alien who has been lawfully admitted into the United States for permanent residence, he should state in th\naffidavit the date and place of his admission for permanent residence and the alien registration number which appear\non his Alien Registration Receipt Card (Form I-151). In no case should a copy be made of Form I-151 since th\nreproduction of this document, like a certificate of naturalization, is also prohibited by law and severe legal penaltie\nare prescribed for such reproduction.\nTo substantiate the information regarding his income and resources the sponsor should attach one or more of th\nfollowing items to his affidavit:\n(a) notarized copies of his latest income tax return;\n(b) a statement, in duplicate, from his employer showing his salary and the length and permanancy C\nemployment;\n(c) a statement, in duplicate, from an officer of a bank regarding his account, showing the date the accour\nwas opened and the present balance;\n(d) Any other evidence adequate to establish his financial ability to carry out his undertaking toward th\napplicant for what might be an indefinite period of time.\nIf the sponsor is a well established businessman, he may submit a rating from a recognized concern in lieu of th\nforegoing.\nIf the sponsor is married, the affidavit should be jointly signed by both husband and wife.\nAffidavits of support should be of recent date when presented to the consular officer. They are unacceptable if mor\nthan a year has elapsed from the date of execution.\nA sponsor may prefer to forward his affidavit of support direct to the consular office where the visa application wi\nbe made, in which event the contents will not be divulged to the applicant.\nIMPORTANT: All support documents must be presented to the consular officer in duplicate.\nNOTE: An applicant who expects to meet the public charge provisions of the law through the presentation of an affida\nsupport is encouraged to forward this information sheet to his sponsor so as to assist him in preparing his affidavit.\nIMPORTANT This document must be read and signed by persons wishing to submit\nan affidavit of support on behalf of an alien applying for an immigrant visa.\nA signed copy of this document must be attached to each copy of any affidavit\nof support submitted on behalf of an applicant.\nThe Social Security Act, as amended, establishes certain requirements for\ndetermining the eligibility of aliens for Supplemental Security Income (SSI)\nand Aid to Families with Dependent Children (AFDC) benefits. The Food Stamp\nAct, as amended, contains similar provisions. These amendments require that\nthe income and resources of any person (and that person's spouse) who executes\nan affidavit of support or similar agreement on behalf of an immigrant alien,\nbe deemed to be the income and resources of the alien under formulas for\ndetermining eligibility for SSI, AFDC, and Food Stamp benefits during the\nthree years following the alien's entry into the United States.\nThe eligibility of aliens for SSI, AFDC, and Food Stamp benefits will be\ncontingent upon their obtaining the cooperation of their sponsors in providing\nthe necessary information and evidence to enable the Social Security Adminis-\ntration and/or State Welfare Agencies to carry out these provisions. An alien\napplying for SSI, AFDC, or Food Stamp benefits must make available to the\nSocial Security Administration and/or State Welfare Agencies documentation\nconcerning his income or resources or those of his sponsors, including infor-\nmation which he provided in support of his application for an immigrant visa\nor adjustment of status. The Secretary of Health and Human Services and/or\nState Welfare Agencies are authorized to obtain copies of any such documenta-\ntion from other agencies.\nThe Social Security Act and the Food Stamp Act also provide that an alien\nand his or her sponsor shall be jointly and severally liable to repay any SSI,\nAFDC, and Food Stamp benefits which are incorrectly paid because of misinfor-\nmation provided by sponsor or because of sponsor's failure to provide informa-\ntion. Also, any incorrect payments of SSI and AFDC benefits which are not\nrepaid will be withheld from any subsequent payments for which the alien or\nsponsors are otherwise eligible under the Social Security Act.\nThese provisions do not apply to aliens admitted as refugees or granted\npolitical asylum by the Attorney General. They also will not apply to the SSI\neligiblity of aliens who become blind or disabled after entry into the United\nStates. The AFDC provisions do not apply to aliens who are dependent children\nof the sponsor or sponsor's spouse\n1,\n9 residing at\n(name)\n(street and number)\n, acknowlege that I have read the above\n(City)\n(State)\nand am aware of my responsibilities as an immigrant sponsor under the Social\nSecurity Act, as amended, and the Food Stamp Act, as amended. This statement\nis submitted on behalf of the following persons:\nName\nSex\nAge\nCountry\nMarried\nRelationship\nOf Birth\nor Single\nto Sponsor\nSignature of Sponsor (s)\nTHE WHITE HOUSE\nWASHINGTON\nApril 18, 1985\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nJOHN G. ROBERTS JJR\nASSOCIATE COUNSEL TO THE PRESIDENT\nSUBJECT:\nDepartment of State Testimony for Senate\nJudiciary Subcommittee Hearing on S. 377,\na Bill to Stay the Deportation of Certain\nSalvadorans, and for Other Purposes\nCounsel's Office has reviewed the above-referenced\ntestimony, and finds no objection to it from a legal\nperspective.\nID #\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\nOUTGOING\nH INTERNAL\nI INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent:\nJames mun\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Dept of State testimany far senate\nJudiciary Subcommittee hearing an 5.377, a\nbill to stay the departation of certain\nsalvadarans, and for other purposes\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOLL\nORIGINATOR\n85,04,18\n/\n/\nReferral Note:\nCUAT 18\n85,04,18\n5 85,04,19\nReferral Note:\n10 AM\n/\n/\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/\n/\n/\n/\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA Appropriate Action\nI Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC Comment/Recommendation\nR Direct Reply w/Copy\nB . Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF . Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nE\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nSTATE SERVICE VALITED OFFICE\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nSPECIAL\nApril 17, 1985\nLEGISLATIVE REFERRAL MEMORANDUM\nTO:\nDepartment of Justice - Jack Perkins (633-2113)\nNational Security Council\nSUBJECT: Department of State draft testimony for Senate\nJudiciary Subcommittee hearing on S. 377, a bill to\nstay the deportation of certain Salvadorans, and\nfor other purposes\nThe Office of Management and Budget requests the views of your\nagency on the above subject before advising on its relationship\nto the program of the President, in accordance with OMB Circular\nA-19.\nPlease provide us with your views no later than 10:00 A.M.,\nFriday, April 19, 1985.\nNOTE: A hearing before the Senate Judiciary Subcommittee on\nImmigration and Refugee policy is scheduled for 4/22/85. State\ntestimony on similar legislation in the 98th Congress\n(H.R. 4447) was circulated for comment and cleared in April\n1984.)\nDirect your questions to Branden Blum (395-3454), the legislative\nattorney in this office.\nJames UCM M. Marr for\nAssistant Director for\nLegislative Reference\nEnclosure\nCC: A. Curtis\nJ. Cooney\nS. Elliff\nS. Gates\nF. Fielding\nMr. Chairman and members of the Subcommittee:\n(State)\nI am grateful for this opportunity to appear before you\ntoday.\nAs every member of the Subcommittee knows, El Salvador\nremains a deeply troubled country, but one in which\nextraordinary political progress is being made. The recent\nMarch elections represent yet another step in a five-year\nevolution as a democratic nation. The country still suffers\nfrom a dedicated Marxist insurgency in which guerrillas are\nactively engaged in terrorist attacks, but the Duarte\ngovernment is working to end the violence through dialogue\nwithin the framework of the 1983 Constitution. Serious human\nrights abuses have obviously not disappeared, but\ndisappearances and death squad assassinations have been\nsignificantly reduced. By anybody's standard, violence has\ndropped - from a high of 9,000 civilian deaths in 1980 to 771\nin 1984, as reported by the press. Although severely\ndepressed, the economy showed a small increase in the gross\ndomestic product in 1984.\nMeanwhile, the steady migration of Salvadorans to the\nUnited States continues, and from an estimated 300,000 here\nbefore the violence broke out in 1979, there are an estimated\n500,000 here today. The United States is thus confronted with\na number of significant immigration issues regarding El\nSalvador. Who are the migrants? Are they refugees, or are\n4/22/85\nSenate Judiciary/Sube Immig + Ref. Policy\n- 2 -\nthey motivated solely by economics? How do we deal with the\nasylum applications? For those not entitled to asylum, how do\nwe respond to their desire to live in the United States?\nThe asylum issue is in a sense an easy one. The\nImmigration and Nationality Act implements the U.S. obligations\nunder the 1951 Convention and 1967 Protocol Relating to the\nStatus of Refugees. Our law set forth the standards by which\nan asylum application must be judged. The Attorney General may\ngrant asylum if he determines an alien in the United States\nmeets the definition of a refugee, that is, a person who has\nfled his country because of persecution or a well-founded fear\nof persecution on account of race, religion, nationality,\nmembership in a particular social group or political opinion.\nWe apply these standards fairly. In fact, only a limited\nnumber of aliens, irrespective of their nationality, can meet\nthem. This is true of asylum applicants from El Salvador.\nThis has occasioned much criticism of the Administration's\nasylum policy toward E1 Salvador, but in fact we have no\n\"asylum policy\" toward El Salvador or any other country; we\napply the same standards to each. Recommendations for the\napproval of applications from Salvadorans and Nicaraguans both\nrun at relatively low rate. This reflects no policy decision,\nnor does it reflect the state of our bilateral relations with\neither government; it simply reflects the fact that all asylum\napplicants must meet the same legal standards in order to be\ngranted asylum. We are well aware that much criticism could be\nended were the number of Salvadoran asylum approvals higher.\nBut, to approve asylum applications for partisan political\nreasons would ignore the law. We recommend in favor of\napplications that meet the standards and against those that do\nnot. And although the percentage of approvals for asylum\nclaims is only three percent, El Salvador in fact ranks fourth\nin the world in terms of actual numbers approved.\nThe argument is then made that all Salvadorans, even those\nwho do not qualify for asylum, should not be deported to El\nSalvador but rather allowed to remain here. As you know, the\nAdministration does not concur with this view even if it were\nonly a temporary suspension. All suspension of deportation\ndecisions require a balancing of judgments about several\nfactors, including foreign policy, humanitarian, and\nimmigration policy implications.\nIn the case of El Salvador, the immigration policy\nimplications of suspension of deportation are enormous. Here\nwe have a country with a history of large-scale illegal\nimmigration to the United States. Can anyone doubt that a\nsuspension of deportation would increase the amount of illegal\nimmigration from E1 Salvador to the United States? An\nintelligent and industrious Salvadoran weighing a decision to\ntry illegal immigration to the United States knows that one of\nthe risks is deportation, which might occur before he has had a\nchance to earn back the costs of the journey. If we remove\nthat possibility of deportation, it is logical to suggest that\nillegal entry becomes a more attractive investment.\nThere is reason to think that the \"magnet effect\" would be\noverwhelming. In a Spanish International Network exit poll\nlast year, 70% of Salvadorans responded \"yes\" to the question\n\"Would you emigrate to the United States to work?\". Over $30\nmillion per month is sent home from Salvadorans working\nillegally in the United States. In addition, the vast majority\nof Salvadorans who do file for asylum allege no fear of\npersecution but state that they came to the United States to\nwork. The evidence is simply not here that most Salvadorans in\nthis country are refugees.\nof course, some Salvadorans are refugees who may be and\nhave been granted asylum, and they do not need suspension of\ndeportation to be protected. so, by definition, when we\ndiscuss suspension of deportation for the group which is not\neligible for asylum, what we are discussing is whether people\nwho emigrate from El Salvador to the United States illegally,\nfor reasons other than fear of persecution should be permitted\nto reside here. If one says yes to this question then we do\nnot have an immigration policy with regard to El Salvador. We\nhave abdicated the responsibility to have one.\nIt was our country's ad hoc approach to refugee flows that\nprompted the Congress to pass the Refugee Act of 1980. It was\n- 5 -\nthe specific intent of the Congress to end nationality-specific\nmeasures that provided benefits for persons from one country\nand left other persons with similar claims in limbo. It was\nalso the Refugee Act that incorporated the 1951 Convention's\ndefinition of a refugee into our law. Under that Act each\nasylum application to be examined on an individual basis.\nLegally and morally, the distinction between economic\nmigrants and political refugees matters greatly. The United\nStates has undertaken the protection of refugees, but has not\nagreed to accept for permanent residence every illegal\nimmigrant who reaches our shores. There is no such thing as a\n\"self-appointed refugee.\" Each person who seeks the protection\nof the United States must apply for asylum, and each\napplication is examined on a case-by-case basis to see if it\nmeets the standard of law. Asylum is a special and narrow\nexception to our laws, and not meant to be an extra immigration\nprogram. We grant asylum only when someone can show a well\nfound fear of persecution if he or she were to return home.\nUnder our laws, generalized conditions of poverty and civil\nunrest do not entitle people who leave their homelands to\nsettle here. If this were our test, half the 100 million\npeople living between the Rio Grande and Panama would meet it,\nas would hundreds of millions more people in other parts of the\nEarth.\nSome people argue that it is too hard for Salvadorans to be\n- 6 -\ngranted asylum, and therefore Americans who support them are\nmorally bound to break the law. But the United States is an\nincredibly generous country, admitting 270,000 legal immigrants\nplus 70,000 refugees worldwide in this Fiscal Year alone. This\ncountry does not deserve the abusive rhetoric that has become\nstandard fare from those who evade the very system established\nto protect those who need protection the most. The notion that\nthe only way to stay in this country is to enter illegally and\nbreak the law once you are here, is simply not valid. The\nUnited States issued over 8,000 immigrant visas to Salvadorans\nlast year in addition to 328 approvals on asylum claims.\nSome groups argue that illegal aliens who are sent back to\nEl Salvador meet persecution and often death. Obviously, we do\nnot believe these claims. If we did, we would not deport these\npeople back to El Salvador. Twice, in recent years, the United\nStates Embassy in San Salvador has made attempts to track\ndeportees and see if they were being persecuted; we concluded\nthat they were not. In February we asked the Archbishop and\nTutela Legal, which is the human rights office of the\nArchdiocese of E1 Salvador, whether they believed there was a\npattern of persecution of deportees. They replied that they\ndid not.\nIt is noteworthy that these accusations of abuse toward\ndeportees are lodged by some American activist groups critical\nof United States policy In El Salvador. They find no echo or\nsource in complaints from Salvadoran human rights groups, which\nhave never made this claim. And that stands to reason. El\nSalvador is a country, as noted above, in which emigration\nabroad is a common and respected means of self-improvement, and\nit would be odd to think that this action engaged in by\nhundreds and thousands of Salvadorans, by perhaps a quarter of\nthe population, was viewed by anyone as proof of a suspicious\nassociation. We have interviewed deportees at the airport, in\nthe Embassy, and after they have returned to their homes. We\nhave never met anyone who thinks he is a target because he has\nbeen deported from the United States. Surely there must come a\ntime when any fair-minded observer concludes that this alleged\npattern of wide-scale abuse of deportees is just a fiction\nunsupported by evidence.\nMany Salvadorans are told that they will be deported into\nthe hands of the military, and are sold a gruesome picture of\nthe United States \"dumping\" them at the airport. In truth, no\none is \"dumped\" at the airport. There is now a program in\nplace conducted by the Intergovernmental Commission on\nMigration (ICM), a highly respected international\norganization. ICM meets every Salvadoran who has been sent\nhome by the United States. Each is offered assistance in\nmeeting up with family members, each is given a temporary I.D.\nif needed, given money for travel home, or a place to live if\nthe individual does not want to go to his hometown or village.\nEach has explained to him the assistance programs of the\nSalvadoran government and church so that he or she may gain\ntheir benefits. Each person is invited to send in a\nquestionnaire every month for six months after he has-returned\nto his home, describing any difficulty that he or she may\nencounter. ICM has not reported a single case of a deportee\ncoming to harm.\nLet me give you a rough \"profile\" of those returned from\nthe United States between December and February: ICM met 794\nreturnees - deported Salvadorans, voluntary returns, and\nexcludables. Of the 794, 688 were male, 624 were single, and\n716 were over the age of 18, generally between 18 and 35. With\nthis profile, one need not wonder why Salvadorans receive over\n30 million dollars each month from their relatives in the\nUnited States. One need not deny there is a tremendous\neconomic incentive to come here.\nIn conclusion, I do not believe that the appropriate\nresponse to the problems of poverty or violence in El Salvador\nis to allow any Salvadoran who wishes, to simply live in\nAmerica instead - any more than I think this is true for\nGuatemala, or Haiti, or Nicaragua, or Sri Lanka, or\nAfghanistan, or Iran, or Uganda, or Ethiopia, or Lebanon, or\nVietnam, or Zimbabwe. My point, of course, is that in a very\nlarge number of countries millions of people, and indeed, tens\nof millions, face lives which any American can only view as\ndesperate. How do we respond? We respond with our willingness\nto allow hundreds of thousands to legally immigrate to the\nUnited States. We respond with our asylum and refugee\nprograms, which are the most generous in the world. We respond\nwith our foreign aid program. And we respond with various\npolitical and diplomatic efforts to resolve disputes and reduce\nviolence. It does not seem to me that a sensible response can\nbe to say that all these people, if they can make it to the\nUnited States, can stay. We can and we must do very many\nthings to address the urgent and desperate humanitarian needs\nof tens of millions of people throughout the world, but one\nthing we really cannot do for them all is tell them to move to\nAmerica.\nI therefore respectfully suggest that the current policy is\nan appropriate one, combining large amounts of economic\nassistance, energetic diplomatic efforts, and the grant of\nasylum to those with a well-founded fear of persecution.\nID #.\nCU\n4g\nWHITE HOUSE\nPE008-03\nCORRESPONDENCE TRACKING WORKSHEET\nO . OUTGOING\nH . INTERNAL\nI * INCOMING\nJP-du\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: Phillip Brady\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: proposed Cammunication to Cangress\nre: compensation for the avertime inspectional\nservice op employees ap the US customs service and\nthe Immigration & naturalyation Service\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOLL\nORIGINATOR DO, 85/02/26\n/\n/\nRefernal Note:\nCUAT 18\nReferral Note: DUE\nA/R\n85,02,27\n5 85,03,11\n/\n/\n/\n/\nNo ACTION MELESSARY\n/\n/\nA\nS:\nC Completed\nferral\nS Suspended\nRRESPONDENCE:\n= Initials of Signer\n= \"A\"\n= Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nTHE WHITE HOUSE\nWASHINGTON\nApril 24, 1985\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nASSOCIATE COUNSEL J32 TO THE PRESIDENT\nJOHN G. ROBERTS\nSUBJECT:\nJustice and GSA Draft Reports on\nH.R. 30, the \"Immigration Act of 1985\"\nCounsel's Office has reviewed the above-referenced draft\nreports, and finds no objection to them from a legal\nperspective.\n311178\nID #.\nCU\nDg\nIM\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\n0 . OUTGOING\nH - INTERNAL\nJ.R.\nI - INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent:\nJames C. mun\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Justice and 65A draft reports an H.R.\n30, the \"Immigration act of 1985\"\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCMHOLL\nORIGINATOR 85,04,18\n/\n/\nDD\nReferral Note:\nCUAT 18\nA 85,04,19\n5 85,0429\nDDV\nReferral Note:\n/\n/\n/ /\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/ /\n/\n/\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA Appropriate Action\nI Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR - Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF - Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nTHE WHITE HOUSE\nWASHINGTON\nApril 19, 1985\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nASSOCIATE COUNSEL JJR TO THE PRESIDENT\nJOHN G. ROBERTS\nSUBJECT:\nTestimony: Immigration and Naturalization\nService Before Committee on the Judiciary\nI have reviewed the proposed testimony of INS Commissioner\nNelson and INS General Counsel Inman and am concerned about\nthe first full paragraph on page 13 of the Nelson testimony\nand the essentially identical paragraph on page 6 of the\nInman testimony. I am not convinced that it is necessary to\nmention the \"sanctuary movement\" at all, and would delete\nthe paragraphs. If some mention of the movement is considered\ndesirable, I would still delete the last three sentences of\nthese paragraphs. I do not think Administration officials\nshould be in the position of advising congregations offering\nsanctuary how they could better spend their money, nor do I\nsee the point in suggesting that the money could support\nSalvadorans in refugee camps rather than here in the United\nStates. I certainly object to stating that the money could\n\"go a long way to effect change within the system,\" since it\nis not clear what is being suggested -- support of legislation\nlike the present bill the Administration opposes?\nID #\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\no - OUTGOING\nH . INTERNAL\nI - INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: alan nelson\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Testimony: Immigration and\nnaturalization service before Committee\nan the Judiciary\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUITOLL\nORIGINATOR 85,04,18\n/ /\nReferral Note:\nCUAT18\nR 85,04,18\n5 85,04,19\nReferral Note:\n/\n/\n/ /\n-\nReferral Note:\n/ /\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\nI\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA Appropriate Action\nI - Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC Comment/Recommendation\nR. Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD - Draft Response\nS. For Signature\nF - * Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nID #\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\n0 * OUTGOING\nH - INTERNAL\nI * INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: maurice Inman\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: sestimony : smmigration and naturalization\nservice before Committee an the Judiciary\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCULTOLL\nORIGINATOR\n85,04,18\n/\n/\nReferral Note:\nCUAT 18\nR\n85,04,18\n5 85,04,19\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR. Direct Reply w/Copy\nB * Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nLisa : -\nChinago national\n- no bar to re-entry\n4 month writers in,\nunless deported\nsparmal by brother.\n- can so in + get\nexpired.\nattain it leaving\nhow to and and\nsoon [ is ale nlinis]\nwhen returns, has\n{ Lisa will call)\nfor reactry\nRow\n(our laws)\n- no working papers\nretronative extension,\n[ working papers\ndontic]\nINS\n(212)\n953\nSTUART\nTo\nJohn\nDate\n9/6\nTime 4:25\nWHILE YOU WERE OUT\nM Stuart Root\nof\nPhone\nArea Code 212/953-8288\nNumber\nExtension\nTELEPHONED\nP\nPLEASE CALL\nCALLED TO SEE YOU\nWILL CALL AGAIN\nWANTS TO SEE YOU\nURGENT\nRETURNED YOUR CALL X\nMessage\nOea\nOperator\nAMPAD\nEFFICIENCY@\n23-020\nTHE WHITE HOUSE\nWASHINGTON\nMarch 12, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\n820\nSUBJECT:\nResponse to Governor Graham's Letter\nto President on Mariel Boatlift\nBob Kimmitt has provided us with a copy of a proposed letter\nfrom Deputy Secretary of State Dam to Governor Graham of\nFlorida, responding to correspondence from Graham on the\nU.S. - Cuban agreement to repatriate certain Marielitoes\nexcludable from the United States under U.S. law. Mr.\nHauser and I attended an NSC meeting on this question on\nJanuary 22, 1985; the draft response is along the lines\nagreed to by all at that meeting.\nBriefly, the background: The 1980 Mariel boatlift sent to\nour shores a large number of convicts and mental patients\nexcludable under U.S. immigration law (though the number of\nsuch misfits was a small percentage of all Marielitoes.)\nWhen Cuba refused to take these excludables back, the U.S.,\nas required by Section 243(g) of the Immigration and Nation-\nality Act, suspended the issuance of visas in Havanna. As\nyou know, Cuba and the U.S. have now reached an agreement\nwhereby Cuba will accept the return of excludables and visa\nprocessing in Havanna will recommence. Graham was concerned\nthat not all Marielitoes in Florida prisons would be covered\nby the agreement, but only those identified on a negotiation\nlist, leaving him with some on his hands.\nDam's response explains how the list was compiled, and\nstates that the agreement only covers those on the list. At\nthe same time, the draft states that our authorities will\nexpect Cuba to accept other, \"unlisted\" excludables, as\nrequired by law. (Whether Cuba will live up to this expect-\nation is unclear, and depends on delicate negotiations and,\nin particular, how the repatriation of those on the list\nproceeds.) Dam's letter also advises Graham on the probable\neffects of reopening visa processing in Havanna -- an\nincrease in Cuban emigration, but nothing approaching the\nMariel flood.\nThe letter is consistent with the consensus of the January\n22 meeting, and I have no objections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 12, 1985\nMEMORANDUM FOR ROBERT KIMMITT\nDEPUTY ASSISTANT TO THE PRESIDENT\nFOR NATIONAL SECURITY AFFAIRS\nFROM:\nFRED F.\nCOUNSEL TO THE PRESIDENT\nFIELDINGOrie signed by FFF\nSUBJECT:\nResponse to Governor Graham's Letter\nto President on Mariel Boatlift\nCounsel's Office has reviewed the above-referenced\nPresidential letter, and finds no objection to it from\na legal perspective.\nFFF: JGR:aea 3/12/85\ncc: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 12, 1985\nMEMORANDUM FOR ROBERT KIMMITT\nDEPUTY ASSISTANT TO THE PRESIDENT\nFOR NATIONAL SECURITY AFFAIRS\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nResponse to Governor Graham's Letter\nto President on Mariel Boatlift\nCounsel's Office has reviewed the above-referenced\nPresidential letter, and finds no objection to it from\na legal perspective.\nFFF: JGR:aea 3/12/85\nCC: FFFielding\nJGRoberts\nSubj\nChron\nID #.\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\no . OUTGOING\nH INTERNAL\nI . INCOMING\nConfidential attachment\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName\nof Correspondent: Robert M. Kenmitt\nHR\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Response to Governor Grahamic\n(5/58506462) Letter to President on Mariel Boatleft\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUItolland\nORIGINATOR 85,03,08\n/\n/\nReferral Note:\nCUAT18\nD 85,03,11\n585,03,12\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/ /\n/\n/\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI * Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR. Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nTHE WHITE HOUSE\nWASHINGTON\nApril 10, 1984\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTSON\nSUBJECT:\nStatement of Elliott Abrams Concerning\nH.R. 4447 for Temporary Deportation of\nNationals From El Salvador/Immigration\nPolicy\nOMB has asked for our views by close of business today on\ntestimony Assistant Secretary of State Elliott Abrams\nproposes to deliver on April 12 before the Subcommittee on\nImmigration, Refugees and International Law of the House\nJudiciary Committee. The testimony argues that the U.S.\nconsiders Salvadoran asylum applications under the same\ngeneral standards it applies to all asylum applications,\nnoting the interesting fact that Salvadoran and Nicaraguan\nasylum applications are granted at about the same rate.\nAbrams goes on to defend the return of Salvadorans in-\neligible for asylum to El Salvador, arguing that there is no\nevidence that Salvadoran deportees are mistreated upon their\nreturn to El Salvador. The testimony concludes by stating\nthat most Salvadorans seek to enter the U.S. for economic\nreasons, and that it is not feasible simply to let those\nthat reach the U.S. remain. I have reviewed the testimony,\nand have no objections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nApril 10, 1984\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nFRED F. FIELDING FFF/RAH\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nStatement of Elliott Abrams Concerning\nH.R. 4447 for Temporary Deportation of\nNationals From El Salvador/Immigration\nPolicy\nCounsel's Office has reviewed the above-referenced testimony,\nand finds no objection to it from a legal perspective.\nFFF:JGR:aea 4/10/84\nCC: FFFielding/JGRoberts/Subj/Chron\nTHE WHITE HOUSE\nWASHINGTON\nApril 10, 1984\nMEMORANDUM FOR BRANDEN BLUM\nLEGISLATIVE ATTORNEY\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nStatement of Elliott Abrams Concerning\nH.R. 4447 for Temporary Deportation of\nNationals From El Salvador/Immigration\nPolicy\nCounsel's Office has reviewed the above-referenced testimony,\nand finds no objection to it from a legal perspective.\nFFF:JGR:aea 4/10/84\nCC: FFFielding/JGRoberts/Subj/Chron\nID #.\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\no . OUTGOING\nJR\nH * INTERNAL\nI - INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent:\nBranden Bhim OMB\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Statement of Elliott Abrams concerning\nH.R. 4447 for temporary deportation\nof nationals from El SalvadoR / immigration\npolicy\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOLL\nORIGINATOR 84,04,10\n/\n/\nReferral Note:\nCUAT 18\nD 84 04,10\n/\n/\nReferral Note:\n/ /\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\n1. - Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR Direct Reply w/Copy\nB . Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF - Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode\n=\n\"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nROUTE SLIP\nSusan Gates\nTake necessary action\nTO\nKathy Collins\nApproval or signature\nSylvia Malm\nComment\nMike Uhlmann\nPrepare reply\nDiscuss with me\nFred Fielding\nFor your information\nRobert Kimmitt\nSee remarks below\nFROM\nBranden Blum\nB\nDATE\n4/10/84\nREMARKS\nSubject: Department of State testimony on\nH.R. 4447, a bill to provide for the\ntemporary deportation of nationals of\nEl Salvador, and for other purposes.\nI have previously circulated for comment and\ncleared a Justice statement and a State report\non H.R. 4447. The attached statement discusses\nour immigration policy and other efforts to\nassist persons from El Salvador. The conclusion,\nalthough not specifically referencing H.R. 4447,\nis that legislation is not needed.\nPlease reivew and provide me with your comments\nby COB today, 4/10/84. A hearing is scheduled\nfor Thursday, 4/12.\nOMB FORM 4\nRev Aug 70\nSTATEMENT BY\nHONORABLE ELLIOTT ABRAMS\nASSISTANT SECRETARY OF STATE\nFOR\nHUMAN RIGHTS AND HUMANITARIAN AFFAIRS\nBEFORE THE\nCOMMITTEE ON THE JUDICIARY\nSUBCOMMITTEE ON IMMIGRATION, REFUGEES AND INTERNATIONAL LAW\nHOUSE OF REPRESENTATIVES\nAPRIL 12, 1984\nMr. Chairman and members of the Subcommittee:\nI am grateful for this opportunity to appear before you\ntoday. As every member of the Subcommittee knows, and indeed\nas every American must by now be well aware, E1 Salvador is a\ncountry troubled by poverty, violence, overpopulation, and a\nhistory of oppression. For a number of years, Salvadorans have\ntaken advantage of economic opportunity elsewhere. Prior to\nthe war between El Salvador and Honduras in 1969, a large number\nwere living in Honduras. Through the 1970s, hundreds of thousands\nof Salvadorans came to the DS. The increased violence in El\nSalvador prevalent since 1980 no doubt increased the incentives\nto leave the country, as have the economic difficulties which the\nwar has only worsened.\nThe US is thus confronted with a number of significant\nimmigration issues regarding El Salvador. It is difficult for\nSalvadorans to get visitors' visas to the US and difficult for\nthem to get immigrant visas as well. We face a very significant\namount of illegal immigration from El Salvador, and a large\nquantity of asylum applications. How do we deal with the asylum\napplications? To those not entitled to asylum, how do we\nrespond to their desire to live in the United States?\nThe asylum issue is in a sense an easy one. US law, in\nincorporating the definition of a refugee contained in the\nConvention and Protocol Relating to the State of Refugees set\nforth the standards by which an asylum application must be\njudged. We apply these standards and a limited number of aliens,\n2 of\nirrespective of their nationality, can meet them. This is\nalso true of asylum applicants from El Salvador. This has\noccasioned much critician of the Administration's asylum policy\ntoward El Salvador, but in fact we have no \"asylum policy\"\ntoward El Salvador or any other country; we apply the same\nstandards to each. In the last few months recommendations for\nthe approval of applications from Salvadorans and Nicaraguans\nhave been running at roughly the same rate, and though of course\nthere are variations for both countries, about 15 percent of\napplications can meet legal standards.' This reflects no policy\ndecision, nor does it reflect the state of our bilateral relations\nwith either government; it simply reflects the fact that asylum\napplicants must meet the legal standards in order to be granted\nasylum. We are well aware that much criticism could be ended\nwere the number of Salvadoran asylum applications that are approved\nhigher. But, to approve asylum applications for partisan political\nreasons would ignore the law. In fact, we recommended in favor of\napplications that meet the standards and against those that do\nnot.\nThe argument is then made that all Salvadorans, even those\nwho do not qualify for asylum should not be deported to El\nSalvador but rather allowed to remain here. As you know,\nthe Administration does not concur with this view. All EVD\ndecisions require a balancing of judgments about their foreign\npolicy, humanitarian, and immigration policy implications.\n7\n3\nIn the case of El Salvador, the immigration policy implications\nof EVD are enormous. Here we have a country with a history\nof large-scale illegal immigration to the US. Can anyone doubt\nthat a grant of EVD would increase the amount of illegal inmi-\ngration from El Salvador to the US? An intelligent and in-\ndustrious Salvadoran weighing a decision to try illegal immigration\nto the US knows that one of the risks is deportation, which might\noccur before he has had a chance to earn back the costs of the\njourney. If we remove that possibility of deportation, it is\nsimple logic to suggest that the illegal entry becomes a more\nattractive investment.\nof course, not all Salvadoran migrants to the US are solely\nor primarily economic migrants; some are refugees who may be and\nhave been granted asylum; they do not need EVD to be protected.\nso by definition, when we discuss EVD for the group which is not\neligible for asylum, what we are discussing is generally whether\npeople who emigrate from El Salvador to the United States\nillegally should be permitted to reside here. If one says yes\nto this question then we do not have an immigration policy with\nregard to El Salvador. We have abdicated the responsibility\nto have one.\nSome groups argue that illegal aliens who are sent back\nto El Salvador there meet persecution and often death. Obviously,\nwe do not believe these claims OI we would not deport these\npeople. Twice in recent years the US Embassy in San Salvador\n4\nhas rade attempts to track deportees and see if they were\nbeing persecuted, we concluded that they were not. Last summer\nwe asked the officials of Tutela Legal, which is the human\nrights office of the Archdiocese of El Salvador, whether they\nbelieved there was a pattern of persecution of deportees. They\nreplied that they did not. It is noteworthy that these\naccusations which are lodged by some American activist groups\ncritical of US policy in El Salvador, find no echo nor did they\nfind their source in complaints from Salvadoran human rights\ngroups, which have never made this claim. And that stands to\nreason. El Salvador is a country, as noted above, in which\nemigration abroad is a common and respected means of self-improvement,\nand it would be odd to think that this action engaged in by\nhundreds and thousands of Salvadorans, by perhaps a quarter of\nthe population, was viewed by anyone as proof of communist\nassociation. I submit that the notion that the people being\ndeported are easily identifiable when they return to El Salvador\nis false, and the notion that they are automatically suspect is\nequally false. We will soon be sending additional personnel to\nEl Salvador to do another study of deportees, for we wish to be\nsure that in the course of time our conclusions remain warranted.\nIf they are not, then we must act on this new information. But\nthe record and simple logic seem to me to indicate that the\nargument that deportees are persecuted is a product more of\npolitical opposition to Administration policies in Central America\nthan it is of facts.\nThe Subcommittee will be interested to learn that, in\npart in response to the great interest expressed by Chairman\nMazzoli, Senator Simpson and others, we have once again attempted\nto study this question of the treatment of deportees. The\nEmbassy in San Salvador was sent the names of nearly 500\ndeportees, selected at random. Efforts are now underway to\ncontact every one of them in order to see what happened to them\nafter their return. As of the end of March, we had looked into\nabout half the cases using Salvadoran employees so as to draw\nas little attention as possible to this whole survey. of course,\na substantial proportion of the addresses Salvadorans had given\nthe Immigration Service turned out to be fictitious making it\nhard to find some of them. In other CROSSY we bave not yet sent-\ninvestigators into senes oc gréater conflict, although we plan\nreceived. In a few cases, individuals were reported by neighbors\nas having once again returned to the United States illegally.\nWhat is remarkable is that we have not come across a single case\nof abuse or murder of a deportee, nor has anyone contacted\nsuggested that he knew of such a case. I would not suggest to\nthis Subcommittee that we have completed here the definitive\nscientific study and that no further efforts are needed, and\nindeed our own efforts are continuing. But surely there must\ncame a time when any fairminded observer concludes that this\nalleged pattern of wide-scale abuse of deportees is just a fiction\nunsupported by evidence.\nSome address are in cities organated by 20ml of\nconfict. We plan L iey in imenstigations to check into\nthere situations\n6\nI an sometimes asked why the US does not do anything\nto solve the humanitarian problem of poverty and displaced\npersons and violence in El Salvador. This is a startling\nquestion, when you consider the enormous amount of American\ndiplomatic and political effort aimed at bringing democracy\nand peace to El Salvador, and the extraordinary amounts of\neconomic aid which we give and increased amounts which the\nAdministration has urged upon Congress.\nOur proposal of 341 million dollars in economic assistance\nfor FY 85 to El Salvador is certainly a valuable response to\nthe humanitarian problem there: I do not believe that the\nappropriate response to the problems of poverty or violence\nin El Salvador is to allow any Salvadoran who wishes to simply\nlive in America instead - any more than I think this is true\nfor Guatemala, or Haiti, or Nicaragua, or Sri Lanka, or\nAfghanistan, or Iran, or Uganda, or Ethiopia, or Lebanon, or\nVietnam, or Zimbabwe. My point, of course, is that in a very\nlarge number of countries millions of people, and indeed, tens\nof millions, face lives which any American can only view as\ndesperate. How do we respond? We respond with our willingness\nto allow hundreds of thousands to immigrate to the United States.\nWe respond with our asylum and refugee programs, which are\nthe most generous in the world. We respond with our foreign\naid program, now totaling 8.89 billion dollars including the\npending supplemental request. And we respond with various\n700\npolitical and diplomatic efforts to resolve disputes and reduce\nviolence. It does not seen to be that a sensible response can\nbe to say that all these people, if they can make it to the\nCS, can stay. We can and we must do very many things to address\nthe urgent and desperate humanitarian needs of tens of millions\nof people throughout the world, but one thing we really cannot\ndo for then all is tell them to move to America.\nI therefore respectfully suggest that the current policy\nis an appropriate one, combining large amounts of economic\nassistance, energetic diplomatic efforts, and the grant of asylum\nto those with a well-founded fear of persecution.\nINS\nTHE WHITE HOUSE\nWASHINGTON\nAugust 30, 1983\nMEMORANDUM FOR RICHARD A. HAUSER\nFROM:\nJOHN G. ROBERTS ash\nSUBJECT:\nLetter to James Baker Regarding\nIranian Jewish Cases Pending Before\nthe Immigration and Naturalization Service\nRabbi Sherer, President of an organization of Orthodox Jews,\nhas written the Attorney General urging him to provide some\nsystem of expeditious review of asylum claims by Iranian\nJews. Rabbi Lubinsky, Government Affairs Director of the\norganization, wrote Mr. Baker, enclosing a copy of the\nSherer letter, and Mr. Baker has referred the correspondence\nto us. When I inherited this matter from H.P., I called the\nJustice Department for a copy of the Attorney General's\nresponse to Sherer. Justice could not find any response.\nPresumably the letter was referred to INS and lost forever.\nI recommend a formal transmittal to ensure that any reply to\nLubinsky is consistent with Justice's reply to Sherer. Such\na transmittal will also afford Justice an opportunity to\nreply to Sherer, if they have in fact lost his original\nletter.\nAttachments\nIMMIGRATION REFORM LEGISLATION\nQ.\nThe Senate has passed and the House is currently\ndebating the Simpson-Mazzoli immigration reform\nlegislation. There are significant differences between\nthe bill that passed the Senate and the one that is\nlikely to pass the House; in particular, the House bill\nis likely to be considerably more costly in terms of\nrequired Federal expenditures than the Senate bill. If\nthe final product is closer to the House bill than the\nSenate bill, will you sign it?\nA. This Administration has been working diligently for 3½\nyears to obtain significant immigration reform. As I\nhave stated many times, we need to regain control of our\nborders. We support the Simpson-Mazzoli approach, which\nhas two major elements: making it illegal for employers\nto hire illegal aliens -- to remove the incentive to\nenter our country illegally -- and granting a one-time\namnesty to those who entered illegally in the past but\nhave now become settled here. This dual approach\ncombines effectiveness in regaining control of our\nborders with fairness and compassion.\nAs for the differences between the Senate and House\nversions, we have made it clear that we prefer the\nSenate bill, which received overwhelming bipartisan\nsupport in that body. It is our hope that through\nchanges in the House bill, and agreements in conference,\nthe final product will closely resemble the Senate\nbill.\nQ.\nSpeaker O'Neill once expressed the fear that you would\nveto the immigration bill to garner election-year\nsupport from Hispanics. Is that a possibility?\nA. As the Senate vote demonstrated, immigration reform is\nnot a partisan political issue. There is widespread\nbipartisan agreement that reform is needed and that\nSimpson-Mazzoli is the best vehicle for achieving that\nreform. Furthermore, the bill has significant support\namong Hispanic groups. It does, after all, grant\namnesty to illegal aliens who have settled here -- the\nvast majority being of Hispanic origin -- and the\nprovisions making it illegal to hire illegal aliens have\nbeen carefully drafted to ensure that there is no\ndiscrimination against American citizens of Hispanic\ndescent.\nTHE WHITE HOUSE\nWASHINGTON\nAugust 30, 1983\nMEMORANDUM FOR EDWARD C. SCHMULTS\nDEPUTY ATTORNEY GENERAL\nU.S. DEPARTMENT OF JUSTICE\nFROM:\nFRED F. FIELDING Orig. signed by FFF\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nLetter to James Baker Regarding\nIranian Jewish Cases Pending Before\nthe Immigration and Naturalization Service\nThe attached correspondence from Rabbi Lubinsky of Agudath\nIsrael to Mr. James A. Baker III is transmitted for\nappropriate review and direct response. You will note that\nthe Lubinsky letter refers to a letter from Rabbi Sherer to\nthe Attorney General.\nAttachment\nFFF: JGR:aea 8/30/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nAugust 30, 1983\nMEMORANDUM FOR EDWARD C. SCHMULTS\nDEPUTY ATTORNEY GENERAL\nU.S. DEPARTMENT OF JUSTICE\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nLetter to James Baker Regarding\nIranian Jewish Cases Pending Before\nthe Immigration and Naturalization Service\nThe attached correspondence from Rabbi Lubinsky of Agudath\nIsrael to Mr. James A. Baker III is transmitted for\nappropriate review and direct response. You will note that\nthe Lubinsky letter refers to a letter from Rabbi Sherer to\nthe Attorney General.\nAttachment\nFFF:JGR:aea 8/30/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nADOH to,\naea\nID #\n151980 CU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\nHPIM\n© . OUTGOING\nN . INTERNAL\nI . INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: Rabbi Menachem Lubinsky\nMI Mall Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Letter to James Bakes re: Iranian Jewish cases\npending before the Immigration and Natusalization\nService.\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCNLLO\" 11\nORIGINATOR\n83,07,14\n/ /\nReferral Note:\nWAT 03\nD 83,07,14 PAI\n583,07,24 PV4\nReferral Note:\n/ /\n/ /\nI\nReferral Note:\n/ /\n/ /\nReferral Note:\n/ /\n/ /\nI\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI - Info Copy Only/No Action Necessary\nA Answered\nC Completed\nc . Comment/Recommendation\nR * Direct Reply w/Copy\nB - Non-Special Referral\nS * Suspended\nD * Draft Response\nS * For Signature\nF - Furnish Fact Sheet\nX - Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nrieluing\nSHOULD\nESTABLISHED 1922\nAGUDATH ISRAEL\nmanon\nOF AMERICA\nnux\nпризка\nOFFICE OF GOVERNMENT\nFIVE BEEKMAN STREET\nNEW YORK, N.Y. 10038\nAND PUBLIC AFFAIRS\nPHONE: (212) 791-1800\nCABLE: AGUDOHNEWYORK\nJune 9, 1983\n151980 cu\nHon. James A. Baker, III\nChief of Staff and Assistant\nto the President\nThe White House\nWashington, D.C. 20500\nDear Mr. Baker:\nI am pleased to share with you a copy of a letter that our\npresident, Rabbi Morris Sherer, sent to Attorney General William Smith.\nIn our discussions with the State Department and INS, we have\nlearned that an effort is underway to clear up the \"backlog\" of 150,000\ncases. The problem, however, remains that Iranian Jews continue to be\ntreated as part of that backlog, despite the fact that they, along with\nthe Bahais and the Moslems, have already been determined candidates for\nasylum.\nI would urge you to use your good offices to urge the Attorney\nGeneral to undertake some special program to clear up the backlog of\nIranian Jewish cases as soon as possible.\nThank you for your assistance.\nKind regards.\nSincerely,\nRabbi Menachem Lubinsky\nDirector of Government and\nPublic Affairs\nML:dl\nEnc.\n) mms\nESTABLISHED 1922\nAGUDATH ISRAEL\nminnon\nOF AMERICA\nSkrw num\nпрузка\nFIVE BEEKMAN STREET NEW YORK, N.Y. 10038\nOFFICE OF THE PRESIDENT\nPHONE (212) 791-1800 CABLE AGUDOHNEWYORK\nJune 9, 1983\nHon. William French Smith\nAttorney General\nU.S. Department of Justice\n10th & Constitution Avenue, N.W.\nWashington, D.C. 20530\nDear Attorney General Smith:\nI am writing to solicit your assistance in dealing with the backlog of political\nasylum requests by Iranian Jews that are now pending before the Immigration and\nNaturalization Service.\nAgudath Israel of America, which is a 61 year old national coalition movement of\nOrthodox Jews, has a long history of assisting Jews who have fled from persecution. We\nhave worked very closely with INS and with the U.S. State Department to facilitate\nprocessing large numbers of Iranian Jews who have come to this country since the fall of\nthe Shah of Iran.\nWe were extremely grateful to the Administration when it included Jews along with\nBahais and Moslems in a special status which predetermined that they were to be granted\nasylum. However, as time lapsed on, we learned that the asylum applications of Iranian\nJews were unfortunately part of the huge backlog of cases that were pending at INS. I\nunderstand that at this very moment 150,000 asylum applications are pending.\nWhat prompts my concern is that we are aware of a large number of cases of Iranian\nJews currently in the U.S.A. where the delay in the granting of asylum has created enor-\nmous hardships. In some cases, it has resulted in the inability of a youngster to pur-\nsue an education. For some, it has prevented a relative from entering the country, and\nfor others, the delay affected a relative's health.\nIt is in this spirit that I appeal to you to make some extraordinary effort to\nsingle out the cases of Iranian Jews for more expeditious review, particularly since\nthey are already in a predetermined category. I plead for your compassion and under-\nstanding in dealing with this problem.\nSincerely,\nJhaned\nRabbi Morris Sherer\nPresident\nMS:dl\nDIVISIONS National Youth Commission Zeirer Agudath Israel Bnus Agudath Israel Purcher Agudath Israe! Bachurei Agudath Israel Agudist Women's Organization. N'shei Agudath Israel/Camp\nAgudah. 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\nServices Commission on Senior Citizens Project COPE Career Opportunities and Preparation for Employment). COPE Vocational Institute Commission on Latin American Jewry/National Com-\nmission on Jewish Ethnic Affairs Udaiscope Southern Brooklyn Community Organization)/Commission on Branch Service and Development/ Commission on Adult Torah Education: Daf Yomi/\nlewish Education Program (JEP)/Torah Education Network Resher Shiure Torah)/Torah Action Program (TAP) Project RISE (Russian Immigrant Services and Education) /Russian Immigrant\nRescue Fund/Proiect YAD for Russian lewry. Agudist Benevolent Society Chevra Osen Chesed"
}