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Immigration and Naturalization (11 of 13)
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118568564
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Immigration and Naturalization (11 of 13)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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1986-12-31
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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
(11 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 [11] OA12662
Date: 2/12/98
12660
DOCUMENT
SUBJECT/TITLE
DATE
NO. AND TYPE
RESTRICTION
1. memo
Roberts to Maurice Inman re: immigration problem
5/14/84
1486
with citizens being detained in the Philippines. 1p.,
partial
2. letter
Roberts to citizen re: same subject as item 1. 1p.,
5/14/84
B6
partial
3. tracking
correspondence tracking worksheet re: same subject
n.d.
P6 B6
worksheet
as item 1. 1p.
4. tracking
cabinet affairs tracking worksheet re:same subject as
4/16/84
P6 B6
worksheet
item 1. 1p.
5. letter
to David Fischer re: same subject as item 1. 1p.
4/16/84
P6 B6
6. letter
U.S. State Dept. to Fischer re: same subject as item 1.
12/29/83
P6 B6
1p.
someone's
7. memo
Roberts to Fielding re: Ward Quaal and INS problem.
10/15/84
P5,P6 P6 B6
1p.
8. letter
Fielding to Ward Quaal re: same subject as item 7.
10/24/84
P6 B6
1p., partial.
9. letter
duplicate of item 8, w/out signature notation. 1p.,
10/24/84
B6
partial.
10. letter
Fielding to Quaal re: same subject as item 7. 1p.,
10/15/84
P6 B6
partial.
11. tracking
correspondence tracking worksheet re: same subject
n.d.
P6 B6
worksheet
as item 7. 1p.
12. letter
Quaal to Fielding re: same subject as item 7. 1p.
10/01/84
P6 Bb
RESTRICTION CODES
Freedom of Information Act [5 U.S.C. 552(b)]
01312/14/00
Presidential Records Act [44 U.S.C. 2204(a)]
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 cisclose internal personnel rules and practices of an agency [(b)(2) of the
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 cisclose trade secrets or confidential commercial or financial information
P-5 Release would disclose confidential advice between the President and his advisors, or
[(b)(4) of the FCIA].
between such advisors [(a)(5) of the PRA].
F-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the
P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of
FOIA].
the PRA].
F-7 Release would risclose information compiled for law enforcement purposes [(b)(7) of
the FOIA].
C. Closed in accordance with restrictions contained in donor's deed of gift.
F-8 Release would cisclose information conceming the regulation of financial institutions
[(b)(8) of the FCIA].
F-9 Release would sisclose geological or geophysical information concerning wells [(b)(9) of
the FOIA].
WITHDRAWAL SHEET
Ronald Reagan Library
Collection: ROBERTS, JOHN G.: Files
Archivist: kdb/srj
File Folder: Immigration & Naturalization [11] OA12662
Date: 2/12/98
DOCUMENT
SUBJECT/TITLE
DATE
RESTRICTION
NO. AND TYPE
13. letter
Percy re: same subject as item 7. 1p., partial.
09/21/84
B6
14. letter
Marvin Ely to Percy re: same subject as item 7. 1p.,
09/18/84
P6 B6
partial.
15. background
re: same subject as item 7. 2p.
n.d.
P6 36
note
16. background
re: same subject as item 7. 1p.
n.d.
P6 B6
note
17. letter
INS re: same subject as item 7. 1p.
05/08/84
B6
18. form letter
INS re: same as item 7. 2p.
09/14/84
P6 86
19. form
INS form 1-94, departure record. 1p.
09/14/84
P6 Bb
20. letter
Quaal to Fuller re: same subject as item 7. 2p.
10/01/84
P6 B6
21. letter
Quaal to Reagan re: same subject as item 7. 3p.
10/01/84
B6
RESTRICTION CODES
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)(2) of the
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 information
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)(6) of the
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)(7) of
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 institutions
[(b)(8) of the FOIA].
F-9 Release would disclose geological or geophysical information concerning wells ((b)(9) of
the FOIA].
THE WHITE HOUSE
WASHINGTON
May 14, 1984
MEMORANDUM FOR MAURICE INMAN
GENERAL COUNSEL
IMMIGRATION AND NATURALIZATION SERVICE
U.S. DEPARTMENT OF JUSTICE
FROM:
JOHN G. ROBERTS 0222
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence From
Concerning Immigration Problem With
His Wife and Children Who are American
Citizens Being Detained in the Philippines
The attached letter from
together with a
copy of my reply, is submitted for whatever action you deem
appropriate. Needless to say, the correspondence is submitted
without recommendation, and we have no continuing interest
in this matter.
Many thanks.
THE WHITE HOUSE
WASHINGTON
May 14, 1984
Dear Mr.
This is written in reply to your letter of April 16, 1984 to
Special Assistant to the President David C. Fischer. That
letter concerned immigration questions involving your wife
and children.
I must advise you that the White House adheres to a policy
of not intervening on behalf of private parties with respect
to particular matters those parties have pending before
agencies with adjudicative functions. The purpose of this
policy is to preserve public confidence in the impartial
administration of our laws. Accordingly, neither Mr.
Fischer nor any other member of the White House staff may
become involved in your family's immigration case.
I have, however, taken the liberty of referring your letter
to the Immigration and Naturalization Service, for whatever
action that agency considers appropriate. Any further
correspondence on this subject should be directed to that
agency.
Sincerely,
John G. Roberts
Associate Counsel to the President
CC: David C. Fischer
Special Assistant to the President
RONALD W. REAGAN LIBRARY
THIS FORM MARKS THE FILE LOCATION OF ITEM NUMBER 3-6 LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
THE WHITE HOUSE
WASHINGTON
September 6, 1984
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
DOJ Draft Report on H.R. 5118, a Bill
to Permit Nonimmigrant Alien Crewmen
on Fishing Vessels to Stop Temporarily
at Ports in Guam
Counsel's Office has reviewed the above-referenced draft
report. In this report the Department of Justice suggests
that instead of a "piecemeal approach" excepting Guam from
particular provisions of the Immigration and Nationality
Act, Congress consider simply amending the definition of
"United States" in Section 101 (a) (38) to remove Guam.
Justice's suggested approach would, of course, exclude Guam
from all the provisions of the Act, a result that I doubt
was intended. I do not suppose that it would be desirable
to have no immigration policy or restrictions whatever with
respect to Guam. Unless this is in fact the desired result,
the draft report should be revised.
I would also note that the citation to the codification of
Section 101 (a) (38) in the second paragraph on page 2 is
incorrect. The correct cite is "8 U.S.C. 1101 (a) (38)
ID # 253223
CU
JV
WHITE HOUSE
IM
CORRESPONDENCE TRACKING WORKSHEET
dR-duit
o . OUTGOING
H - . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
Name of Correspondent:
James Murr
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: DOJ Draft report on H.R. 5118, a bill to permit
nonimmigrant alien crewmen on fishing
vessels Guam to stop temporarily at poits in
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Gode
YY/MM/DD
Cutture
ORIGINATOR 84 08 /21
/
/
Referral Note:
WAT18
DR#
R 08/108,27
S 84 09 07
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
-
Referral Note:
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Referral Note:
am
ACTION CODES:
DISPOSITION CODES:
A
Appropriate Action
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
BECOUD
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
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
August 21, 1984
LEGISLATIVE REFERRAL MEMORANDUM
253223
Ca
TO:
LEGISLATIVE LIAISON OFFICER
Department of State
National Security Council
Department of Transportation
Department of the Interior
SUBJECT:
DOJ draft report on H.R. 5118, a bill to permit
nonimmigrant alien crewmen on fishing vessels to stop
temporarily at ports in Guam
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
Tuesday, September 11, 1984.
Direct your questions to Branden Blum (395-3802), the legislative
attorney in this office.
James c. Murr for for
Assistant
Director
Legislative Reference
Enclosure
CC: T. Treacy
F. Fielding
J. Cooney
S. Galebach
S. Gates
U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
Honorable Peter W. Rodino, Jr.
Chairman
Committee on the Judiciary
House of Representatives
Washington, DC 20515
Re: H.R. 5118
Dear Mr. Chairman:
You have requested our views on House Bill H.R. 5118, which would amend
the Immigration and Nationality Act to except Guam from the prohibition on
the temporary landing of alien crewmen serving on U.S. based or homeported
fishing vessels of Section 101 (a) (15) (D) of the Immigration and Nation-
ality Act. 8 U.S.C. 1101 (a) (15) (D). For the reasons set forth below,
the Department has no operational objections to the Bill. Nevertheless,
we believe the same result could be achieved without creating a special
exception for Guam under the Act.
The present version of Section 101 (a) (15) (D) prohibits alien crewmen
serving on fishing vessels having a home port or operating base in the
United States from landing temporarily in the United States as non-
immigrants. Guam is defined as a part of the United States by Section
101 (a) (38) of the Act. H. R. 5118 would amend (15) (D) by the addition of
a new clause, which would permit alien crewmen serving on U. S. fishing
vessels to land temporarily on Guam.
The legislative history of Section 101 (a) (15) (D) indicates that the pro-
hibition was enacted to prevent large U. S. based fishing fleets from
hiring alien crewmen who thereby would be enabled to circumvent the im-
migrant priority system and make their homes in the United States. S.
Rep. 1137, 82d Cong., 2nd Sess. p. 20; H. Rep. 1365, 82nd Cong., 2nd
Sess., P. 43. However, there may be exigent reasons to make an exception
to this rule for Guam which are not apparent to the Department. For this
reason, the Department expresses no operational objection to the evident
purpose of this amendment.
We would note that Section 101 (a) (15) (D) as presently drafted requires
the alien crewman to depart "within the vessel or aircraft on which he
arrived or some other vessel or aircraft." Emphasis added. This latter
phrase permits flight crews to depart on other aircraft, crewmen to fly in
and depart by ship, hospitalized crew depart on different vessels, as well
as other such ad hoc arrangements. The phrase is missing from the con-
clusion of H.R. 5118. We would recommend its reinsertion.
Recently, there have been a number of legislative and administrative
proposals concerning immigration enforcement on Guam. The crux of each
proposal has been that Guam is a part of the United States yet has unique
problems requiring exceptional treatment under the Act or implementing
regulations. Such a piecemeal approach strikes at the viability of the
entire Act by creating a pattern of exceptions. If Guam may assume
responsibility for visa waivers, why not Alaska; if Guam may set its own
adverse wage rates or H-2 visa purposes, why not Virginia?
An alternative to exceptional legislation would be to remove Guam from the
definition of the term "United States" in Section 101(a)(38). 8 U.S.C.
?
101(a)(38). This solution would obviate the necessity to amend (15) (D) by
removing Guam from the parenthetical prohibition. It also would avoid the
creation of piecemeal exceptions to the Act.
In conclusion, the Department does not foresee any serious operational
difficulties with this legislation, but we would not recommend the
approach taken in this Bill.
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 Administration's program.
Sincerely,
Robert A. McConnell
Assistant Attorney General
THE WHITE HOUSE
WASHINGTON
October 24, 1984
MEMORANDUM FOR ROGER CLEGG
ASSOCIATE DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
ASSOCIATE COUNSEL JJJ TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Correspondence Concerning Apparent Violation
or Misrepresentation of Section 312 of the
INN Act of 1952, in the Local Southern
Arizona INN Office
The attached correspondence to White House Chief of Staff
James A. Baker, III, together with a copy of my interim
reply, is referred to the Department of Justice for direct
response and whatever other action you consider appropriate.
The writer raises allegations of violations of our immigration
laws, and requests appropriate action by the Attorney
General.
Many thanks.
Attachment
THE WHITE HOUSE
WASHINGTON
October 24, 1984
Dear Mrs. Gilbert:
Thank you for your letter of September 24 to White House
Chief of Staff James A. Baker, III. Along with that letter
you enclosed a copy of a letter from you to the Attorney
General. In both letters you raised various concerns about
immigration policy and the enforcement of our immigration
laws.
Please be advised that I have referred your correspondence
to the Department of Justice. As you know, that Department
is charged with enforcing the immigration laws.
Thank you for sharing your views with us. You should
receive a substantive reply from the Department of Justice
in the near future.
Sincerely,
John G. Roberts
Associate Counsel to the President
Mrs. Stanley Gilbert
4691 N. Via Madre
Tucson, Arizona 85749
ID #.
267407
CU
R
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
IM
0 # OUTGOING
H INTERNAL
I * INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Peggy B. Gubert
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: apparent prolations as Misisterpritations
of Section 312 of the INN act 1952, in the
local Southern arizona INN office
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cu Holland
ORIGINATOR 84/10/23
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/
Referral Note:
WAT18
Referral RB Note:
84/10/23
S 84,11103
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/
Referral Note:
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Referral Note:
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ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I - Info Copy Only/No Action Necessary
A: Answered
C Completed
C Comment/Recommendation
R. 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
Mr. James Baker
267407 Cu
Executive Office of the President
The White House Office
1600 Pennsylvania Avenue, N. W.
Washington, D. C. 20500
Dear Mr. Baker:
The enclosed letter to the Attorney General
deals with apparent violations or misinterpretations of
Section 312 of the INN Act, 1952, here in the local
Southern Arizona INN office. The following is my personal
belief and I hope you will bear with me, and
At the risk of sounding intolerant, I feel that
anyone living in the United States should know English. This
is an English speaking country and, thank goodness, we are
not as yet a polylingual nation to a significant degree.
Immigrants, even from the Western Hemisphere countries, should
be subjected to very limited quotas. Further, immigrants
who wish to become permanent residents should be required
to have a working knowledge of the English language within
a designated period, for example, two years. The United
States is not as it was when we had a whole continent to
explore and develop and were able to absorb large influxes
of immigrants. The United States should not assume, or
be expected to assume, the burden of people who merely come
into this country to take advantage of the so-called "good
life" and are not able to support themselves. We must take
a good hard look at what we can and cannot do and act
accordingly.
Thank you for bearing with me, and I sincerely
hope this situation will be rectified.
Very truly yours,
Peggy Byilht
Peggy B. Gilbert
Mrs. Stanley Gilbert
4691 N. Via Madre
Tucson, Arizona 85749
September 24, 1984
COPY
The Honorable William French Smith
Attorney General
Department of Justice
Constitution Avenue between
9th and 10th Streets, N. W.
Washington, D. C. 20530
Dear Sir:
When I heard a representative of one of the
local Hispanic groups in Southern Arizona say that her
organization objected to the Simpson-Mazzoli immigration
bill because it required immigrants to learn English and
that one did not even have to know English to become a
naturalized citizen of the United States, I was completely
astonished. That statement was contrary to what I had
learned about naturalization. I looked up the Immigration
and Naturalization laws in my Encyclopedia Britannica and
found affirmation of what I had thought was the law
governing naturalization, i.e., the requirement, among
others, of an understanding of the English language in-
cluding the ability to read, write and speak words in
ordinary usage. Upon calling the local United States Immi-
gration and Naturalization office, I was informed that not
only is the naturalization test given either orally or in
writing, at the discretion of the examiner, but also in
either the applicant's native language or English. This
practice is in violation of the precise language of Section
312 of the INN Law of 1952, as I read it. (A copy of which
is enclosed.) Said Section specifically requires "an under-
standing of the English language", and there is no mention
of the alternative of the native language of an applicant.
Section 310 (d) of the Act proscribes any variation from
the requirements set forth.
The Immigration and Naturalizations laws should
be enforced and their enforcement should be uniform as pro-
vided in Section 332 (a) of said Act. It appears that in
Southern Arizona some aspects of the law are either being
misinterpreted, ignored or not given proper supervision.
Indeed, I was informed by the local INN office that accord-
ing to Section 312 of the INN Act, 1952, if an alien has
lived in the United States for 20 years and is 50 years old,
he could become a naturalized citizen without any apparent
prerequisites. However, as I read said section, this inter-
pretation is wrong. As I understand the section, it was
applicable only to those who were so qualified at the time
the law became effective and is now virtually a moot provision.
COPY
The Honorable William French Smith
Page No. 2
Is this another example of a lack of uniformity in the en-
forcement of laws governing naturalization and is this typical
of the misinformation disseminated by the INN offices?
I also was informed that the tests were based on
a third grade literacy level. What of the requirement of know-
ing something of the Constitution and the form of our govern-
ment? With only a third grade literacy level and not neces-
sarily in English, how is an applicant going to be able to
take a test on such required subjects, not become a financial
burden, live above the poverty line, stay off welfare, food
stamps, etc., and become a productive person in general?
I firmly believe that if President Reagan were
aware of just how bad the situation really is, he would
require that it be remedied. I trust you, as Attorney
General, will do whatever you can.
Sincerely,
Peggy B. Gilbert
Mrs. Stanley Gilbert
4691 N. Via Madre
Tucson, Arizona 85749
September 22, 1984
ENC..
295
All 66 Stat. 239,
which the United States exercises
United States and out of wedlock shall be held to have acquired at
I of Guam on April 11, 1899, includ-
birth the nationality status of his mother, if the mother had the na-
the island on that date, who were
tionality of the United States at the time of such person's birth, and
if the mother had previously been physically present in the United
ate continued to reside in Guam or
ed States exercises sovereignty, and
States or one of its outlying possessions for a continuous period of
one year.
eps to preserve or acquire foreign
CHAPTER 2-NATIONALITY THROUGH NATURALIZATION
1 of Guam who resided in Guam on
porarily absent from the island on
JURISDICTION TO NATURALIZE
tinued to reside in Guam or other
States exercises sovereignty, and
SEC. 310. (a) Exclusive jurisdiction to naturalize persons as citizens
ps to preserve or acquire foreign
of the United States is hereby conferred upon the following specified
courts: District courts of the United States now existing, or which
nd of Guam on or after April 11,
may hereafter be established by Congress in any State, District Courts
1st 1, 1950) subject to the jurisdic-
of the United States for the Territories of Hawaii and Alaska, and
eby declared to be citizens of the
for the District of Columbia and for Puerto Rico, the District Court
the case of any person born before
of the Virgin Islands of the United States, and the District Court of
mative steps to preserve or acquire
Guam; also all courts of record in any State or Territory now exist-
ing, or which may hereafter be created, having a seal, a clerk, and
-ibed who is R citizen or national of
jurisdiction in actions at law or equity, or law and equity, in which
es and desires to retain his present
the amount in controversy is unlimited. The jurisdiction of all the
or to August 1, 1952, a declaration
courts herein specified to naturalize persons shall extend only to such
ration to be in form and executed
persons resident within the respective jurisdiction of such courts,
ions. From and after the making
except as otherwise specifically provided in this title.
Act. shall be held not to be a national
(b) A person who petitions for naturalization in any State court
having naturalization jurisdiction may petition within the State
judicial district or State judicial circuit in which he resides, whether or
THE UNITED STATES AT BIRTH
not he resides within the county in which the petition for naturaliza-
tion is filed.
led in section 301 of this title. the
(c) The courts herein specified, upon request of the clerks of such
citizens. of the United States at
courts, shall be furnished from time to time by the Attorney General
with such blank forms as may be required in naturalization proceed-
possession of the United States
ings.
of such possession;
(d) A person may be naturalized as a citizen of the United States in
States and its outlying pos-
the manner and under the conditions prescribed in this title, and not
nationals. but not citizens, of
otherwise.
esidence in the United States, or
ELIGIBILITY FOR NATURALIZATION
to the birth of such person; and
found in an outlying possession
Sec. 311. The right of a person to become a naturalized citizen of
age of five years, until shown.
the United States shall not be denied or abridged because of race or
enty-one years, not to have been
sex or because such person is married. Notwithstanding section 405
(b), this section shall apply to any person whose petition for natural-
ization shall hereafter be filed, or shall have been pending on the
OF WEDLOCK
effective date of this Act.
ragraphs (3), (4), (5), and (7)
REQUIREMENTS AS TO UNDERSTANDING THE ENGLISH LANGUAGE, HISTORY,
(2) of section 308, of this title
PRINCIPLES, AND FORM OF GOVERNMENT OF THE UNITED STATES
a child born out of wedlock on
if the paternity of such child is
Sec. 312. No person except as otherwise provided in this title shall
the age of twenty-one years by
hereafter be naturalized as a citizen of the United States upon his own
petition who cannot demonstrate-
in section 405, the provisions of
(1) an understanding of the English language, including an
hild born out of wedlock on or
ability to read, write, and speak words in ordinary usage in the
effective date of this Act, as of
English language: Provided, That this requirement shall not
such child is established before
apply to any person physically unable to comply therewith, if
and while such child is under
otherwise qualified to be naturalized, or to any person who, on the
effective date of this Act, is over fifty years of age and has been liv-
of subsection (a) of this section,
ing in the United States for periods totaling at least twenty years:
date of this Act, outside the
Provided further, That the requirements of this section relating
296
All 66 Stat. 240.
to ability to read and write shall be met if the applicant can read
uals or of officers generally)
or write simple words and phrases to the end that a reasonable
States or of any other organ
test of his literacy shall be made and that no extraordinary or
their official character; or (C
unreasonable condition shall be imposed upon the applicant; and
destruction of property; or (
(2) a knowledge and understanding of the fundamentals of the
(5) who writes or publish
history, and of the principles and form of government, of the
lished, or who knowingly cii
United States.
plays, or knowingly causes to
published, or displayed, or W
PROHIBITION UPON THE NATURALIZATION OF PERSONS OPPOSED TO
for the purpose of circulatio
GOVERNMENT OR LAW, OR WHO FAVOR TOTALITARIAN FORMS OF
play, any written or printe
GOVERNMENT
opposition to all organized @
overthrow by force, violence,
Sec. 313. (a) Notwithstanding the provisions of section 405 (b), no
the Government of the Unite
person shall hereafter be naturalized as a citizen of the United States-
(B) the duty, necessity, or p
(1) who advocates or teaches, or who is a member of or affiliated
or killing of any officer or of
with any organization that advocates or teaches, opposition to all
or of officers generally) of th
organized government; or
or of any other organized g
(2) who is a member of or affiliated with (A) the Communist
official character; or (C) the a
Party of the United States; (B) any other totalitarian party of
tion of property; or (D) sat
the United States; (C) the Communist Political Association;
national, and governmental
(D) the Communist or other totalitarian party or any State of
the establishment in the Unit
the United States, of any foreign state, or of any political or
ship; or
geographical subdivision of any foreign state; (E) any section,
(6) who is a member of
subsidiary, branch, affiliate, or subdivision of any such association
that writes, circulates, distril
or party; (F) the direct predecessors or successors of any such
or causes to be written, circula
association or party, regardless of what name such group or
or displayed, or that has in
organization may have used, may now bear, or may hereafter
circulation, distribution, pub
adopt; (G) who, regardless of whether he is within any of the
ten or printed matter of tl
other provisions of this section, is a member of or affiliated with
graph (5).
any Communist-action organization during the time it is regis-
tered or required to be registered under the provisions of section
(b) The provisions of this sec
Act shall not be construed as dec
64 Stat. 993.
7 of the Subversive Activities Control Act of 1950; or (H) who,
referred to in this section or in a
50 U.S.C. 5 786.
regardless of whether he is within any of the other provisions
advocate the overthrow of the G
of this section, is a member of or affiliated with any Communist-
front organization during the time it is registered or required to
force, violence, or other unconstity
be registered under section 7 of the Subversive Activities Control
(c) The provisions of this sect
cant for naturalization who at a
Act of 1950, unless such alien establishes that he did not have
knowledge or reason to believe at the time he became a member
immediately preceding the filing
of or affiliated with such an organization (and did not thereafter
or after such filing and before ta
or has been found to be within a
and prior to the date upon which such organization was S0 regis-
tered or 80 required to be registered have such knowledge or
this section, notwithstanding the
reason to believe) that such organization was a Communist-front
may not be included within such
organization; or
(d) Any person who is within
(3) who, although not within any of the other provisions of
section (a) solely because of pai
this section, advocates the economic, international, and govern-
with, a party or organization m
mental doctrines of world communism or the establishment in
the provisions of subsection (c)
the United States of a totalitarian dictatorship, or who is a
membership or affiliation is or
member of or affiliated with any organization that advocates the
terminated prior to the attainme
economic, international, and governmental doctrines of world
years, or that such membership o
communism or the establishment in the United States of a totali-
law, or was for purposes of obt
tarian dictatorship, either through its own utterances or through
other essentials of living and wh
any written or printed publications issued or published by or
with the permission or consent of or under authority of such
INELIGIBILITY TO NATURALISAT
organization or paid for by the funds of such organization; or
FORCES OF THE
(4) who advocates or teaches or who is a member of or affili-
ated with any organization that advocates or teaches (A) the
Sec. 314. A person who, at any
overthrow by force or violence or other unconstitutional means
has been or shall be at war, deser
of the Government of the United States or of all forms of law;
naval forces of the United State
or (B) the duty, necessity, or propriety of the unlawful assault-
departed, or shall depart from the
ing or killing of any officer or officers (either of specific individ-
enrolled, or who, whether or no
RONALD W. REAGAN LIBRARY
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7
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THE WHITE HOUSE
WASHINGTON
October 24, 1984
Dear Mr. Quaal:
Thank you for your letter of October 1, 1984, concerning Mr.
and the Immigration and Naturalization
Service proceedings involving members of his family. Your
letters to the President and Craig Fuller of the same date
have also been referred to this office for consideration and
direct response.
I regret to advise you that established policy approved by
the President precludes White House intervention on behalf
of private parties in pending Immigration and Naturalization
Service cases. This policy is designed to preserve public
confidence in the impartial administration of our
immigration laws.
I am sorry we cannot be more responsive to your request for
assistance in this particular matter. I trust, however,
that you will understand the reasons for this policy and our
adherence to it.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. Ward L. Quaal
401 North Michigan Avenue
Suite 3140
Chicago Illinois 60611
FFF: JGR:aea 10/24/84
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 24, 1984
Dear Mr. Quaal:
Thank you for your letter of October 1, 1984, concerning Mr.
and the Immigration and Naturalization
Service proceedings involving members of his family. Your
letters to the President and Craig Fuller of the same date
have also been referred to this office for consideration and
direct response.
I regret to advise you that established policy approved by
the President precludes White House intervention on behalf
of private parties in pending Immigration and Naturalization
Service cases. This policy is designed to preserve public
confidence in the impartial administration of our
immigration laws.
I am sorry we cannot be more responsive to your request for
assistance in this particular matter. I trust, however,
that you will understand the reasons for this policy and our
adherence to it.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Ward L. Quaal
401 North Michigan Avenue
Suite 3140
Chicago, Illinois 60611
FFF: JGR:aea 10/24/84
bcc: FFFielding/JGRoberts/Subj/Chror
THE WHITE HOUSE
WASHINGTON
October 15, 1984
Dear Mr. Quaal:
Thank you for your letter of October 1, 1984, concerning Mr.
and the Immigration and Naturalization
Service proceedings involving members of his family. Your
letters to the President and Craig Fuller of the same date
have also been referred to this office for consideration and
direct response.
I must advise you that established policy precludes White
House intervention on behalf of private parties in pending
Immigration and Naturalization Service cases. This policy
is designed to preserve public confidence in the impartial
administration of our immigration laws.
I am sorry we cannot be more responsive to your request for
assistance in this matter. I trust, however, that you will
understand the reasons for our policy.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Ward L. Quaal
401 North Michigan Avenue
Suite 3140
Chicago, Illinois 60611
FFF:JGR:aea 10/15/84
CC: FFFielding/JGRoberts/Subj/Chron
RONALD W. REAGAN LIBRARY
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LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
RONALD W. REAGAN LIBRARY
THIS FORM MARKS THE FILE LOCATION OF ITEM NUMBER 12
LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
ILLINOIS
230 SOUTH DEARBORN ST
CHICAGO, ILLINOIS 606
(312) 353-4952
United States Senate
September 21, 1984
Dear Mr.
Enclosed please find an interim response I have received from
the U.S. Department of Justice in Washington, D.C.
As soon as I receive further information, I will be back in touch
with you.
Sincerely,
Charles H. Percy
United States Senator R
CHP/eq
Enclosure
Immigration and Naturalization Service
nna 100
Office of the Commissioner
425 Eye Street N.W.
Washington, D.C. 20536
CO 703.933
18 SEP 1984
Honorable Charles H. Percy
United States Senator
230 South Dearborn Street
Room 3892
Chicago, Illinois 60604
Dear Senator Percy:
This acknowledges receipt of your letter dated August 30, 1984, with the
attached enclosures concerning the application for permanent resident
status filed by
The District Director of this Service at Washington, DC, has been
requested to submit information in this matter. Upon receipt of the
information, you will be f ther informed.
Sincerely
FOR THE COMMISSIONER
arver
for Greg Leo
Sly
Director, Congressional
and Public Affairs
Enclosures
RONALD W. REAGAN LIBRARY
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WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
INS file
December 20, 1984
MEMORANDUM:
Ken Khachigian, Esquire
FROM:
Milton C. Gelenian, Attorney at Law
One Farragut Square South
Suite 900
Washington, D.C. 20006
RE:
Deportation/Exile to Iraq from I.N.S. Detention
Abraham SARKISS(IAN) Dob: 7-1-63, Iraq
A24 583 821
Razmik MOURAD (IAN)
Dob: 7-1-64, Iraq
A24 583 822
Abraham SARKIS and Razmik MOURAD are two Iraqi-Armenian Christians
who arrived in the United States on June 17, 1982. Although their
flight was destined for Mexico, it stopped en route in Boston. There,
the two men deplaned and immediately requested political asylum from
an I.N.S. Inspections Officer at the airport.
At that time, they held valid Iraqi passports. However, as a
consequence of not having entry visas, and pursuant to a newly published
"Interim Rule" for the parole and detention of inadmissible aliens, they
have been detained in an I.N.S. detention center, for more than two and
one-half years.
An habeas corpus petition reviewing I.N.S. denial of asylum and
order of deportation to Iraq was made to the U.S. District Court in
Brooklyn, and denied on December 12, 1984. No further appeal has been
taken.
This latest decision, in the opinion of those who have reviewed
it, would withstand any further appeals. Therefore, no more appeals
are being contemplated.
The remaining issue is where these boys should go.
I.N.S. insists on returning them to Iraq, where we maintain they
will face every danger and death after three years absence and political
asylum claims openly criticizing the present regime. They are also of
draft age and have effectively evaded the military for which there is
a penalty of death, as admitted in the record by the Board of Immigration
Appeals.
Every effort is being made to find a third country in which to
relocate these boys. The Armenian Church is actively seeking the help
of community leaders in Venezuela and Canada. The U.N. High Commissioner
for Refugees, Joachim Henkel, in the Washington D.C. liaison office is
aware of this case and very much involved in trying to relocate the
boys so they will not be deported to Iraq.
The I.N.S. has informally agreed to a final TO days stay of depor-
tation, which expires at 5 PM Wednesday, December 26, 1984. After that,
I.N.S. intends to deport them to Iraq.
Since every effort is being made to find someplace to relocate
them it would be purely punitive to disallow them to remain here until
we find such a country.
Many attempts have been made, without success, for the intercession
of congressional help and State Department help. We have gone as high
as Ed Derwinski, Counsellor, State Department, and Maurice Inman,
General Counsel, I.N.S. who remain adamant.
-2-
In conclusion, it seems nothing short of a White House call to
I.N.S. Commissioner Alan Nelson asking him to hold off any deportation
is going to be effective. We must have the time necessary to find
another country willing to accept them, or better yet a decision for
humanitarian parole, now that we have been beaten on the question of
asylum.
-3-
THE WHITE HOUSE
WASHINGTON
December 19, 1984
Fred
The following information was called in to my office
regarding a deportation matter:
Name: Feodir Federenko - from Philadelphia
unemployed - charged with visa
misrepresentation
held in Salem Township County, N. J.
Scheduled to be deported today. Decision was
rendered 12/18/84 at 4:00pm.
Only way to stop action would be through President or
Attorney General. Steven Trott of OSI is handling.
This is the first person to ever be deported to the
Soviet Union.
This information was given to my office by phone by
Myron Wasylyk, 638-0988.
Firth
Faith Ryan Whittlesey
U.S. Department of Justice
Office of
TO POSTITA
The Deputy Attorney General
Washington, D.C. 20530
December 11, 1984
TO: John Roberts
FROM: Roger Clegg
FYI. (I may have talked to
Rusthoven about this case, too). .
Attachment
DEPARTMENT OF JUSTICE
ODAG EXECUTIVE SECRETARIAT CONTROL DATA
From: TROTT, STEPHEN S., CRM
To:
AG.
Date Received:
12-05-84 Date Due: 12-11-84 Control #: 4120516148
Subject & Date:
12-04 ACTION MEMORANDUM CONCERNING THE UPCOMING
DEPORTATION OF KARL LINNAS AND FEODOR FEDORENKO TO
THE U.S.S.R.
Referred To:
Date:
Referred To:
Date:
(1) AAG; JENSEN
12-05-84
(5)
File:
(2) DAG; DINKINS
12-07-84
(6)
(3)
(7)
Prty:
(4)
(8)
1
Interim By:
Date:
Opr:
Sig. For:
OAG
Date Released:
MLN
Remarks:
(1)FOR CONCURRENCE (2)FOR CONCURRENCE - CONCURRED BY AAG
12-06-84.
Other Remarks:
12/7/84-2
Memorandum
FL
ATTORNEY GENERAL/DEPUTY ATTORNEY GENERAL ACTION
Subject
Date
Upcoming Deportation of Karl Linnas and
Feodor Fedorenko to the U.S.S.R.
DEC 4 IS84
To
From
William French Smith
85
Stephen S. Trott
Attorney General
Assistant Attorney General
Criminal Division
Action Required: None
Final Action By:
Due Date:
Attorney General
Deputy Attorney General
Previous Background Provided:
Summary:
EXEC
TYYRUNG DEPUTE
5 DEC
CENTEREED
RECEIVED
Comments: For information of the Attorney General.
Concurrences: A DAG AAG OLC OLP OLA PAO JMD
Initials
RS
15
X
X
X
X
X
Date
12-9-84
12-6-84
X
X
X
X
X
See Reverse For Instruction
Memorandum
OF
Subject
Date
Upcoming Deportation of Karl Linnas and
Feodor Fedorenko to the U.S.S.R.
To
From
William French Smith
55
Stephen S. Trott
Attorney General
Assistant Attorney General
Criminal Division
Attached hereto for your information is a memorandum
concerning a recent meeting with representatives of the National
Security Council concerning the proposed deportations of Karl
Linnas and Feodor Fedorenko to the U.S.S.R. as a result of their
wartime activities in collaboration with the Nazis. Linnas was
the commandant of the concentration camp at Tartu, Estonia, while
Fedorenko was a guard at Treblinka concentration camp.
We have been successful in denaturalizing Linnas and
Fedorenko and are now in the process of moving to deport them.
The Board of Immigration Appeals has affirmed the finding of
deportation in the case of Linnas but has asked the Immigration
Judge to determine whether deportation to the U.S.S.R. would be
inconsistent with our Baltic policy of nonrecognition of the
Soviet incorporation of the Baltic countries into the U.S.S.R.
As reflected in the attached memorandum, the State Department is
of the view that it would not violate our Baltic policy.
Fedorenko has withdrawn his appeal in his deportation case
and has designated the U.S.S.R. as the place he wishes to go to
if deported. Based on discussions that Messrs. Richard and Sher
had with the Soviets in July in Moscow they have concluded that
the Soviets will most likely place Linnas on trial once he is
deported to the U.S.S.R. It is problematical whether they will
impose the death penalty upon conviction. In this regard it is
their understanding that the Soviets recently executed a former
Nazi collaborator who had returned to the Soviet Union after
living for many years in Western Europe. With regard to
Fedorenko it is less certain what action the Russians will take
against him once he returns.
The Linnas deportation proceedings will still take
approximately 18 months to conclude assuming we are successful
and he pursues all of his appellate options. In contrast,
-2-
deportation action against Fedorenko has proceeded to the point
where we can deport him to the Soviet Union in a matter of days
if the State Department gives the green light. The deportation
of Fedorenko does not involve any Baltic policy issue as
Fedorenko is from the Ukraine.
Attachment
Memorandum
Subject
Date
November 16, 1984
Deportation to the U.S.S.R.
MMR: NMSher:nlw
146-2-47-P.4
To
From
Stephen S. Trott
MR
Mark M Richard
Assistant Attorney General
Deputy Assistant Attorney General
Criminal Division
Neal M. Sher, Director
Office of Special Investigations
Criminal Division
This afternoon, at the request of the staff of the National
Security Council, Mark Richard and Neal Sher met with the
following individuals to discuss the issue of deporting OSI
defendants to the U.S.S.R.:
State Department
Dale Herspring - European Affairs
Geoffrey Levitt - Legal Advisor's Office
Gary Matthews - Humanitarian Affairs
Daniel McGovern - Acting Legal Advisor
Ronald Neitzke - Counsel's Office
Mark Palmer - European Affairs
Carol Schwab - Legal Advisor's Office
Thomas Simons - European/Soviet Affairs
John Zerolis - European Affairs
White House
Marshall Breger
Linas Kojelis
National Security Council
Jack Matlock
Paula Dobriansky
Walt Raymond
The meeting was chaired by Mr. Matlock.
Mark Richard began by briefing the attendees on the background
of OSI, its mandate, the nature of OSI's caseload and the
Fedorenko and Linnas cases. Copies of the attached background
material were distributed.
Richard explained that Fedorenko, who has been ordered deported
because of his service at the Treblinka Death Camp, had designated
- 2 -
the Soviet Union as the country of deportation; since he is
Ukrainian, Baltic policy is not in issue. Attached is a copy
of an earlier memo which provides additional information on
the Fedorenko case.
As to Linnas, Richard explained that the Soviet Union is in
all likelihood the only country willing to accept him. Should
he not be deported there, the United States would be in the
embarrassing position of giving sanctuary to someone adjudged
by our courts to have been engaged in persecution. The recent
decision of the Board of Immigration Appeals requires the govern-
ment to address the issue of whether Linnas' deportation to
the U.S.S.R. would violate our government's long-standing policy
of not recognizing the Soviet annexation of the Baltic states.
Dan McGovern stated that the Department of State had concluded
that the deportation of Linnas to the U.S.S.R. would not violate
our Baltic policy. Such deportation would be effectuated under
8 U.S.C. $1253 (a) (7), which allows deportation to any country
which is willing to accept the deportee.
Jack Matlock stated that Fedorenko's deportation to the U.S.S.R.
presented no problems whatsoever. Regarding Linnas, after
convassing the room for dissenting views, Matlock said he saw
no problems in proceeding with deporting Linnas to the U.S.S.R.
under the above-referenced provision of the immigration law.
It is understood that we will work with the State Department
in articulating the government's position so as to make clear
that Baltic policy will not be adversely affected or violated
by deporting Linnas to the U.S.S.R.
Attachments
A.
STATISTICAL ANALYSIS OF OSI CASES
B.
SUMMARY OF DENATURALIZATION/DEPORTATION
LEGAL PROCEDURES
C.
SUMMARIES OF SELECTED OSI CASES INVOLVING
THE SOVIET UNION AND/OR EASTERN EUROPE
the
N/A
a
50
4%
the
Statistical Analysis of OSI Cases
1. Total number of cases filed in court - 51:
(a) Denaturalization - 29
(b) Deportation - 22 (9 of these were first
denaturalized)
(Total number of defendants: 42)
2. Cases currently in various stages of litigation - 29
(a) Denaturalization :
(1) Trial - 7
(2) Appeal - 5
Total: 12 (all involve Soviet evidence)
(b) Deportation:
(1) Trial - 10
(2) Appeal - 5
(3) Awaiting Effectuation of Order of Deport - 2
Total: 17 ( 13 involve Soviet evidence)
3. Cases which have been closed - 22
(a) Denaturalization - 17
-- 11 wins (9 using Soviet evidence)
-- 4 died during litigation
-- 2 dismissed; government elected not to appeal or
re-try defendants
(b) Deportation - 5
-- 2 deported (1-Portugal, 1-West Germany)
-- 1 died during litigation
-- 2 dismissed
(c) Departures Prior to Formal Deportation Procedures: 3
(1) Hrusitzky - permanently left the U.S. and
renounced his citizenship after a complaint had
been filed against him in the U.S. District
Court. He went to Venezuela.
(2) Rudolph - permanently left the U.S. and
renounced his citizenship in accordance with an
agreement with OSI. He is now in West Germany.
-2-
(3) Avdzij - permanently left the U.S. and renounced
his citizenship in accordance with an agreement
with OSI. He is currently in West Germany.
There have been 781 subjects investigated by OSI. Out of
these, 488 have been closed for one of the following reasons:
(1) Insufficient evidence to prosecute;
(2) Death of subject;
(3) Settlement prior to filing.
The following chart reflects the above information:
Pending
Awaiting
Trial
Effectuation
Departed
Type of Action
Opened
Closed
Total
Court
Appeal
of Order
U.S.
Nondeportable
Investigation
781
488
293
/////////
////////
Denaturalization
29
17*0
12
7
5
(1**)
Deportation
22***
5*
17
10
5
2
(2)
(2)
.
Four defendants died during the denaturalization phase of litigation; one died during the deportation
proceeding.
**
Defendant departed before denaturalization action went to trial.
*** Nine of these were first denaturalized.
#
One judgment revoking the citizenship of the defendant was vacated and remanded by the Court of
Appeals in 1980. The department elected not to retry the case. Another case was voluntarily
withdrawn by the Department prior to trial.
-
DENATURALIZATION/DEPORTATION LEGAL PROCEDURES
I.
DENATURALIZATION
A. Trial - denaturalization actions are non-jury trials
before a federal judge sitting in the district
where the defendant resides. The grounds for de-
naturalization in cases brought by OSI usually include
one or more of the following:
1. misrepresentation on immigration application.
2. misrepresentation on naturalization application.
3. assistance to Nazi Germany in the persecution of
civilians during World War II.
4. voluntary assistance to the enemy forces during
World War II.
5. membership in an organization deemed hostile to the
allies during World War II.
B. Appeal - the defendant or the government may appeal an
adverse decision to the United States Circuit Court of
Appeals with jurisdiction over the defendant's residence.
C. Request for Supreme Court Review - the defendant or the
government may request the Supreme Court to review a
decision by the United States Court of Appeals. It is
not mandatory that the Supreme Court grant such review
and, in most cases, the Court denies review (i.e., denial
of certiorari).
In the case of United States V. Fedorenko, the Supreme
Court agreed to consider the government's request for
review and then decided that Fedorenko, as a concentra-
tion camp guard, had assisted Nazi Germany in the
persecution of civilians and therefore was subject to
denaturalization.
II. DEPORTATION
A. Trial - deportation of an alien is tried before an
immigration judge employed by the Immigration and
Naturalization Service. Such proceeding is commenced by
the filing of an Order to Show Cause by the government,
-2-
in which the allegations against the alien are set
forth. The most common grounds for deportation in cases
brought by OSI include all of the ones listed above
under denaturalization and, in addition, under the
provisions of the so-called Holtzman Amendment to the
Immigration and Nationality Act. This provision
requires the deportation of all persons who assisted the
government of Nazi Germany in the persecution of persons
because of race, religion, national origin or political
opinion.
B. Appeal to Board of Immigration Appeals - the alien or
the government may appeal an adverse decision by an
immigration judge to the Board of Immigration Appeals,
which usually sits in panels of three persons.
C. Appeal to the Circuit Court of Appeals - an alien (but
not the government) may appeal an adverse decision of
the Board of Immigration Appeals to the United States
Circuit Court of Appeals with jurisdiction over the
defendant's residence.
D. Review by the Supreme Court - the alien or the Supreme
Court may request review of an adverse decision under
the certiorari procedure. It is not mandatory that the
Supreme Court granyyyyyh review and, in most cases, it
does not grant review.
III. EFFECTUATION OF DEPORTATION
A. Asylum and Discretionary Relief - if an alien is found
deportable for one of the reasons enumerated in the
Holtzman Amendment, that alien is not entitled to asylum
or any discretionary relief under the Immigration and -
Nationality Act. However, if an alien is found deport-
able on one of other grounds enumerated above, the alien
may apply for asylum or discretionary relief and the
immigration court would consider such requests.
B. Country of deportation - any person ordered deported has
the first choice as to which country to which he/she is
to be deported. If that country is willing to accept
the alien, then the government must abide by that
decision. If the alien does not designate a country or
if the country designated will not accept the alien,
then the government must select a country of deporta-
tion, pursuant to the guidelines set forth in Section
1253 (a) of Title 8 of the Immigration and Nationality
Act. The following are the criteria set forth in the
-3-
statute for deciding the country to which the alien will
be sent:
(1) to the country from which such alien last
entered the United States;
(2) to the country in which is located the
foreign port at which such alien embarked
for the United States or for foreign
contiguous territory;
(3) to the country in which he was born;
(4) to the country in which the place of his
birth is situated at the time he is
ordered deported;
(5) to any country in which he resided prior
to entering the country from which he
entered the United States;
(6) to the country which had soveriegnty over
the birthplace of the alien at the time
of his birth; or
(7) if deportation to any of the foregoing places
or countries is impracticable, inadvisable,
or impossible, then to any country which is
willing to accept such alien into its
territory.
The cost of forcibly deporting an alien is paid in
most cases by the United States Government.
C. After the Attorney General designates the country of
deportation, the Immigration and Naturalization Service
effectuates the physical removal of the alien.
the
NAME:
Karl Linnas
PLACE OF BIRTH:
Estonia
PLACE OF CRIMES:
Tartu, Estonia, Concentration Camp
WARTIME EMPLOYMENT:
Police official and chief of concentration
camp
WARTIME EMPLOYMENT:
University student
LISTED ON VISA
APPLICATION
CRIMES:
Voluntarily joined an indigenous police force
("Selbstschutz") which assisted the SS
Einsatzkommandos (mobile killing units)
in rounding up and executing Jews in
Estonia. German war-time reports state
that all Jews, except doctors and elders,
had been executed by October 15, 1941;
Selbstschutz members were identified as
participants in these shootings.
In late summer 1941 Linnas became chief
guard at the Tartu concentration camp,
housing "unarmed Estonia civilians,
including men, women and children were
imprisoned on the basis of race, religion
or political opinion." In that position,
he "supervised the removal of prisoners
from barracks at the Tartu concentration
camp and their transfer to a site known
as the 'Jalaka Line' located near Tartu,
and there supervised their execution."
STATUS OF LITIGATION: District Court - ordered denaturalized
2d Circuit Court of Appeals - affirmed
Supreme Court - denied request for review
Immigration Court - ordered deported
Board of Immigration Appeals - affirmed;
remanded to Immigration Court to consider
country of deportation
NAME:
Andrija Artukovic
PLACE OF BIRTH:
Yugoslavia
PLACE OF CRIMES:
Yugoslavia
WARTIME EMPLOYMENT:
Minister of Interior and Minister of Justice of
Nazi puppet government of Croatia
WARTIME EMPLOYMENT:
None. Entered United States on tourist visa
LISTED ON VISA
from Ireland, with false name
APPLICATION
CRIMES:
Signed decrees authorizing and directly parti-
cipated in the erection of concentration camps
and the murder of hundreds of thousands of
Jews, Serbs and Gypsies
STATUS OF LITIGATION:
Immigration Court (1952) - ordered deported
Board of Immigration Appeals (1953) - affirmed
INS Regional Commissioner (1959) - granted
political asylum
Board of Immigration Appeals (1981) - revoked
grant of asylum and ordered deportation
9th Circuit Court of Appeals (1982) - stayed
deportation pending new evidentiary hearing
Immigration Court - deportation proceeding
pending
NAME:
Kazys Palciauskas
PLACE OF BIRTH:
Lithuania
PLACE OF CRIMES:
Kaunas, Lithuania
(Capital of Lithuania)
WARTIME EMPLOYMENT:
Mayor of Kaunas (June 1941-May 1942)
WARTIME EMPLOYMENT:
Clerk/Manager of Food Cooperatives
LISTED ON VISA
APPLICATION
CRIMES:
Implemented Nazi orders for ghettoization of
20,000 Jews of Kaunas; confiscated Jewish
property; distributed property of murdered Jews
to other Lithuanians
STATUS OF LITIGATION: District Court - ordered denaturalized
11th Circuit Court of Appeals - affirmed
Supreme Court - denied request for review
Immigration Court - deportation proceeding
pending
NAME:
John Demjanjuk
PLACE OF BIRTH:
Ukraine
PLACE OF CRIMES:
Treblinka Death Camp, Poland
WARTIME EMPLOYMENT:
Guard at Death Camp
WARTIME EMPLOYMENT:
Farmer
LISTED ON VISA
APPLICATION
CRIMES:
900,000 Jews murdered at Treblinka; Demjanjuk
identified as one of the most brutal guards and
as operator of the gas chamber
STATUS OF LITIGATION: District Court - ordered denaturalized
6th Circuit Court of Appeals - affirmed
Supreme Court - denied request for review
Immigration Court - ordered deported
Board of Immigration Appeals - appeal pending
NAME:
Feodor Fedorenko
PLACE OF BIRTH:
Ukraine
PLACE OF C RIMES:
Treblinka Death Camp, Poland
WARTIME EMPLOYMENT:
Guard at Death Camp
WARTIME EMPLOYMENT:
Farmer/Factory Worker
LISTED ON VISA
APPLICATION
CRIMES:
Guard at camp where 900,000 Jews were murdered
STATUS OF LITIGATION:
District Court - refused to denaturalize
5th Circuit Court of Appeals - reversed;
ordered Fedorenko denaturalized
Supreme Court - ordered denaturalized because,
as a guard, Fedorenko assisted in persecution
Immigration Court - ordered deported
Board of Immigration Appeals - affirmed
3rd Circuit Court of Appeals - Fedorenko
withdrew his appeal
NAME:
Bohdan Koziy
PLACE OF BIRTH:
Ukraine
PLACE OF CRIMES:
Ukraine
WARTIME EMPLOYMENT:
Policeman
WARTIME EMPLOYMENT:
Tailor/Student
STATED ON VISA
APPLICATION
CRIMES:
"Personally and single-handedly murdered" a
3-year old Jewish child and participated in
the murder of a Jewish family.
STATUS OF LITIGATION:
District court - ordered denaturalized
11th Circuit Court of Appeals - affirmed
Supreme Court - denied request for review
Immigration Court - deportation proceeding
pending
NAME:
Wolodymir Osidach
PLACE OF BIRTH:
Ukraine
PLACE OF CRIMES:
Rawa Ruska, Ukraine
WARTIME EMPLOYMENT:
Commandant of Rawa Ruska Police
LISTED ON VISA
APPLICATION
Diary technician
CRIMES:
As employee and commandant of Rawa Ruska Police,
Osidach actively participated in the forced
ghettoization and persecution of the entire
Jewish population (at least 3,000 men, women and
children). Also assisted in rounding up the Jews
for execution.
STATUS OF LITIGATION: District Court - ordered denaturalized
3rd Circuit Court of Appeals - Osidach died
prior to an appellate decision
NAME:
Edgars Laipenieks
PLACE OF BIRTH:
Latvia
PLACE OF CRIMES:
Riga, Latvia (Capitol of Latvia)
WARTIME EMPLOYMENT:
Member of collaborationist Latvian Political
Police (under command of the Nazi SS) assigned
to Riga Central Prison
WARTIME EMPLOYMENT:
Failed to disclose "policeman" as one of princi-
LISTED ON VISA
pal occupations, as requried by visa
APPLICATION
application.
CRIMES:
Participated in the incarceration and phsyical
mistreatment of prisoners in Riga Central Prison.
STATUS OF LITIGATION:
Immigration Court - refused to deport
Board of Immigration Appeals - reversed;
ordered Laipenieks deported because of political
persecution
9th Circuit Court of Appeals - appeal pending
NAME:
Michael Dercacz
PLACE OF BIRTH:
Ukraine
PLACE OF CRIMES:
Ukraine
WARTIME EMPLOYMENT:
Policeman, Novy Yarychev, Ukraine
WARTIME EMPLOYMENT:
Farmer
LISTED ON VISA
APPLICATION
CRIMES:
Enforced Nazi ghettoization of 2,000 Jews
in Novy Yarychev, all of whom were later
murdered. Arrested Jews who violated Nazi
regulations and brought them to the Gestapo
STATUS OF LITIGATION: District Court - ordered denaturalized
2d Circuit Court of Appeals - Dercacz did not
appeal
Immigration Court - deportation proceedings
were pending when Dercacz died
NAME:
Boleslavs Maikovskis
PLACE OF BIRTH:
Latvia
PLACE OF CRIMES:
Rezekne, Latvia
WARTIME EMPLOYMENT:
Chief of Police, Rezekne, Latvia
WARTIME EMPLOYMENT:
Bookkeeper
LISTED ON VISA
APPLICATION
CRIMES:
Ordered the arrest of all inhabitants of the
village of Audrine (200-300 people) and ordered
the burning of the entire village; all inhabi-
tants were then murdered.
STATUS OF LITIGATION:
Immigration Court - refused to deport
Board of Immigration Appeals - reversed;
ordered Maikovskis deported because of his
assistance in persecution
2d Circuit Court of Appeals - appeal pending
The Philadelphia Unquirer
DATE: 12-20-84
PAGE:
B2
Deportation of Ukrainian
protested
By Beth Gillin
deportation until his medical re-
the death penalty in all cases" and is
Inquirer Staff Writer
cords could be translated into Rus-
"therefore concerned that no one be
sian, said he had been denied access
forcibly returned to a country under
Amnesty International yesterday
joined with Ukrainian-American
to his client by the Justice Depart-
circumstances where this penalty is
groups in protesting the deportation
ment's Office of Special Investiga-
likely to be imposed."
to the Soviet Union of a Ukrainian
tions, which refused to reveal Fedor-
Meanwhile, two Ukrainian-Ameri-
immigrant who served as a guard at
enko's whereabouts.
can groups - Americans for Due
the infamous Treblinka concentra-
"The government is embarrassed
Process and Americans Against Defa-
tion camp in Poland during World
about this case, and they simply want
mation of Ukrainians (AADU) -
War II.
to get rid of the guy, who has never
asked the White House to intercede
Feodor Fedorenko, 77, a resident of
been found guilty of committing any
in the Fedorenko case.
Southwest Philadelphia, was be-
crime," said Filipovich. "It's down-
"We do not understand how any-
lieved by his attorney to be en route
right un-American. This secrecy
one in our government could ship an
to the Soviet Union after being re-
smacks of a totalitarian regime."
elderly man off to the Soviet Union,
moved from the Salem County Jail in
Officials at the INS here and in
where he could be tried as an enemy
New Jersey early yesterday after-
Washington refused to comment on
of the state," said Alexandra Shwed,
noon. Fedorenko had been there
Fedorenko's whereabouts. Neal Sher,
director of AADU.
since he was arrested Dec. 10 by the
director of the Office of Special In-
In 1977, the Justice Department
Immigration and Naturalization
vestigations, did not return tele-
lost a civil action seeking to have
Service (INS).
phone calls.
Fedorenko's citizenship revoked on
Fedorenko's attorney, Andrew Fili-
In a telegram to U.S. Attorney Gen-
the ground that he had committed
povich, who yesterday petitioned the
eral William French Smith, Amnesty
war crimes while serving as a Nazi
Supreme Court to delay Fedorenko's
International noted that it "opposes
guard at Treblinka. During the trial
in 1978, government witnesses from
Israel and the United States identi-
fied Fedorenko as an SS non-commis-
sioned officer who was seen shooting
to death Jewish arrivals at the camp
in 1943 and 1944.
Fedorenko admitted having been a
member of a Ukrainian guard de-
tachment at Treblinka, but said he
was ordered to the duty by his Ger-
man captors while a Soviet prisoner
of war. He denied having killed pris-
oners and said he was a victim of
mistaken identity.
A federal judge ruled that the gov-
ernment had failed to prove its case,
and Fedorenko was allowed to retain
his citizenship.
But the government successfully
appealed the decision, saying Fedor-
enko had committed fraud when he
failed to report his history on his
citizenship application.
13
DATE:
12-21-84
The Washington Post
PAGE:
A-18
Alleged Nazi-Era War Criminal to Be
Deported to Soviet Union
beating them as they went, and car-
By Mary Thornton
ried a steel-tipped whip to beat pris-
criminal prosecution, Filipovich told
United Press International.
Washington Post Staff Writer
oners on arrival at the camp.
Fedorenko would be the sixth
Fedorenko entered the United
Feodor Fedorenko, accused of
former Nazi-era war criminal to
States in 1949, authorities said, but
lying about his World War II activ-
did not mention his concentration-
leave the country and the first who
ity as a concentration-camp guard,
camp activity. He worked for more
exhausted his appeals in the courts.
was in federal custody in New York
The other five were either de-
than 20 years as a laborer in a Con-
yesterday, waiting to become the
necticut brass foundry, became a
ported or renounced their citizen-
first alleged Nazi-era war criminal
citizen in 1970, retired to Miami in
ship and left the country when the
deported from the United States to
the mid-1970s and later moved to
special investigations office con-
the Soviet Union.
fronted them.
Philadelphia.
Fedorenko, whose deportation
In the most prominent case, Ar-
has been sought by the U.S. gov-
Although U.S. authorities cannot
thur L.H. Rudolph, 78, a German-
ernment since 1977, was picked up
prosecute Nazi-era war criminals
born scientist and engineer who
Wednesday in Philadelphia hours
for their activities, they can seek
designed the U.S. moon rocket, re-
after two Supreme Court justices
deportation if a person is found to
turned to West Germany last
turned down his final appeal to halt
have lied about his background
March rather than battle charges
deportation.
while trying to enter the United
that he was responsible for perse-
Justiçe Department sources said
States.
cution and death of slave laborers
federal officials hoped that Fedo-
In 1977, the Immigration and
building Nazi rockets. Authorities
renko, 77, a native of the Ukraine
Naturalization Service sued to strip
who asked to be deported to the
Fedorenko of citizenship on
did not disclose his case until Oc-
Soviet Union, would depart Wed-
grounds that he lied about his war-
tober.
nesday night on a flight to Helsinki
time activities. The INS lost the
A few days later, authorities an-
and Moscow.
case.
nounced that John Avdzej, 79, a re-
The sources said that Fedorenko
In 1979, Allan Ryan Jr., who until
tired New Jersey draftsman ac-
missed the flight and is to be put on
recently headed the special inves-
cused of persecuting Jews as a may-
the next available plane with a
tigations office, appealed and won.
or in occupied Byelorussia, had left
guard representing the U.S.
The U.S. Court of Appeals revoked
for West Germany in February.
Marshals Service or the Justice De-
Fedorenko's citizenship.
Last August, former Romanian
partment's Office of Special Inves-
Fedorenko appealed to the Su-
Orthodox archbishop Valerian
tigations, which prosecutes Nazi-
preme Court, where Benjamin
Trifa, 70, accused of atrocities in
Romania, was sent to Portugal. A
Civiletti argued the government
era war criminals residing in this
month earlier, Anatoly Hrusitsky,
case in his only appearance before
country.
66, accused of persecuting Jews as
the high court as attorney general.
Neal Sher, director of the special
a Ukrainian policeman, renounced
In the first decision of its kind, the
investigations office, said the Sovi-
citizenship and went to Venezuela.
Supreme Court affirmed the ap-
ets have agreed to accept Fedo-
In April 1983, Hans Lipschis, a
peals court ruling.
renko, the Associated Press re-
Lithuanian guard accused of perse-
Fedorenko then applied to return
ported.
cution and murder, was deported to
to the Soviet Union. His attorney,
A member of the Soviet army,
West Germany.
Fedorenko became a German pris-
Andrew Filipovich, said yesterday
that Fedorenko left a wife and two
oner of war in 1941 and was made a
sons there after the war. Later,
guard at the concentration camp in
believing his wife dead, he married
Treblinka, Poland, where about
an American, who died in 1971.
800,000 people were believed mur-
Filipovich said Fedorenko had
dered.
visited the Soviet Union three times
At several U.S. court proceed-
ings, the government produced wit-
before losing his U.S. citizenship,
nesses who said Fedorenko shot
the AP reported.
"He's very upset about
Jewish prisoners after making them
crawl naked on hands and knees;
[going] to the Soviet Union"
chased women into gas chambers,
and, if he returns, faces possible
6
DATE:
12-21-84
The New York Times
PAGE:
A-27
U.S. Set to Deport Former Guard
At Death Camp to Soviet Union
By RALPH BLUMENTHAL
A Nazi death camp guard from the
One of Mr. Fedorenko's lawyers, An-
Ukraine who came to the United States
drew Filipovich of Philadelphia, said
in 1949 is about to become the first war
last night that his client had selected
crimes suspect deported to the Soviet
the Soviet Union three years ago and
Union, a destination he himself select-
had since reconsidered. Mr. Filipovich
ed, a Justice Department official said
said he would meet in Washington to-
yesterday.
day with a representative of a foreign
The former guard, Fyodor Fedoren-
country he declined to identify in an ef-
ko, a 77-year-old retired factory worker
fort to change Mr. Fedorenko's desti-
living in Philadelphia, was being held
nation. The lawyer said he hoped be
yesterday in Federal custody in New
could stay the deportation until the
York pending a flight to the Soviet
issue of another country was resolved.
Union.
There was no indication, Mr. Ryan
"As soon as we can work out the ar-
said, whether the Soviet Union in-
rangements, we will effect his deporta-
tended to prosecute Mr. Fedorenko, but
tion," said Neal M. Sher, director of the
he said the case might be covered by an
Justice Department's Office of Special
amnesty the Soviets declared for some
Investigations in Washington.
war criminals in the mid-1960's.
Mr. Fedorenko was stripped of his
Convicted war criminals tend to get
American citizenship in 1979 on the
sentences of five to eight years in the
ground that be entered the United
Soviet Union, Mr. Ryan said.
States under false pretense. He did not
Deportation Ends Long Effort
tell of serving the Germans in the Nazi
death camp of Treblinka in Poland.
The deportation move capped a long
The United States can not try defend-
Government effort. According to the
Immigration and Naturalization Serv-
ants on was crimes charges.
ice and the Justice Department, Mr
Two Justices Reject Appeal
Fedorenko served as is guard at the
Late Wednesday, Justices William J.
Treblinka camp in 1942 and 1943 and
Brennan and John Paul Stevens of the
had taken part in beatings and persecu-
United States Supreme Court rejected
tion of prisoners.
appeals by Mr. Fedorenko's lawyers to
He entered the United States in 1949
block his deportion. He was flown from
and became a citizen in 1970. He lived
Philadelphia to New York Wednesday.
for a long time in Waterbury, Conn.,
People ordered deported are allowed
and then Miami Beach, Fla., before
to select their country of destination,
moving to Philadelphia.
provided that country agrees to accept
The immigration service, which hair
them. The United States Government
died war crimes cases before creation
pays for the transportation.
of the special investigations unit in
Allan M. Ryan Jr., the former direc-
1979, filed denaturalization proceed-
tor of the special investigations unit
ings against Mr. Fedorenko in 1977,
who had worked on the case, said he
charging that he had improperly omit-
could not explain why Mr. Fedorenko
ted reference to his Nazi service when
had picked the Soviet Union. But Mr.
he entered the United States.
Fedorenko was born in the Ukraine and
In 1978, a judge dismissed the
Mr. Ryan said Mr. Fedorenko had
charges after a trial in which little evi-
family there. Mr. Fedorenko made at
dence was put forward. But the dis-
least one visit to the Ukraine after
missal was reversed by an appeals
becoming an American citizen, Mr.
court, which revoked Mr. Fedorenko's
Ryan said.
citizenship in 1979.
5
DOJ-1983-04
UNITED PRESS INTERNATIONAL
UP010
R W
FEDORENKO
WASHINGTON (UPI) -- HOURS AFTER TWO SUPREME COURT JUSTICES REFUSED
TO HALT HIS DEPORTATION TO THE SOVIET UNION, A FORMER NAZI
CONCENTRATION CAMP GUARD WAS WHISKED AWAY FROM A NEW JERSEY JAIL AND
IS BEING HELD THURSDAY BY FEDERAL AUTHORITIES IN AN UNDISCLOSED
LOCATION.
FEODOR FEDORENKO, 77, WAS AWAITING DEPORTATION THURSDAY FROM THE
COUNTRY IN WHICH HE HAS LIVED SINCE 1949, SAID BRIAN GILDER, A NEW
HAVEN, CONN., ATTORNEY WHO UNTIL LAST MONTH REPRESENTED FEDORENKO
SINCE 1977 WHEN DENATURALIZATION HEARINGS BEGAN. HE IS IN AN
UNDISCLOSED LOCATION IN NEW JERSEY, HE SAID.
"THERE'S NOTHING THAT ONE CAN DO NOW, IT WOULD REQUIRE
INTERVENTION FROM SECRETARY (OF STATE GEORGE) SHULTZ AND THE STATE
DEPARTMENT OR EVEN PRESIDENT REAGAN. I DOUBT WHETHER ANYONE WOULD
INTERVENE," GILDER SAID FROM HIS HOME.
JUSTICES WILLIAM BRENNAN AND JOHN PAUL STEVENS, WITHOUT COMMENT
MEDNESDAY, REFUSED TO HALT FEDORENKO'S DEPORTATION, WHEN HE LIED TO
U.S. OFFICIALS ABOUT HAVING SERVED AS A PRISON GUARD AT THE INFAMOUS
TREBLINKA CONCENTRATION CAMP IN POLAND DURING WORLD WAR 11.
THE FBI AND U.S. MARSHALS REFUSED LATE WEDNESDAY TO REVEAL
FEDORENKO'S WHEREABOUTS. JUSTICE DEPARTMENT SPOKESMAN JOHN RUSSELL
AND THE IMMIGRATION AND NATURALIZATION SERVICE ALSO WOULD NOT COMMENT
ON FEDORENKO'S LOCATION.
EVEN FEDORENKO'S ATTORNEY, ANDREW PHILAPOVICH, SAID THE
IMMIGRATION OFFICE REFUSED HIM ACCESS TO HIS CLIENT SINCE 2 P.M.
WEDNESDAY AND HAS DENIED HIM INFORMATION ABOUT HIS WHEREABOUTS.
"THEY SAID THEY THOUGHT IT WOULD BE DISRUPTIVE, PHILAPOVICH SAID
IM A TELEPHONE INTERVIEW FROM HIS PHILADELPHIA HOME.
PHILAPOVICH SAID IF HE IS NOT PERMITTED TO SPEAK WITH HIS CLIENT
THURSDAY HE WILL TAKE LEGAL ACTION IN NEW YORK, CHARGING THE
IMMIGRATION SERVICE AND JUSTICE DEPARTMENT WITH INTERFERRING WITH
FEDORENKO'S RIGHT TO HAVE AN ATTORNEY.
FEDORENKO WAS ALLOWED TO CHOSE THE COUNTRY TO WHICH HE WILL BE
DEPORTED. HE CHOSE THE U.S.S.R. WHERE HE HAS A PRE-WAR WIFE AND TWO
SONS. HE WAS NEVER DIVORCED FROM HIS SOVIET WIFE, BUT NEVERTHELESS
REMARRIED IN THE UNITED STATES. HIS AMERICAN WIFE DIED IN 1971.
UPI 12-20-84 09:00 RES
3
The Bashington Times
DATE: 12-21-84
PAGE:
4A
Guard at Nazi camp
held for deportation
ASSOCIATED PRESS
In Philadelphia, Andrew Filipovich, an
Former Nazi death camp guard Feodor
attorney for Mr. Fedorenko, said his client
Fedorenko is being held in custody in New
had been removed from his cell at the nearby
York City awaiting deportation to the Soviet
Salem County Jail in New Jersey and may be
Union, a Justice Department source said
on his way to the Soviet Union. He said fed-
yesterday.
eral officials would not say where Mr.
The source, who spoke only on the con-
Fedorenko was being held.
dition he not be named, said the 77-year-old
"The government is embarrassed about
retiree, who had lived in this country for 35
this case, and they simply want to get rid of
years, was put on a plane in Philadelphia
the guy, who has never been found guilty of
Wednesday night.
committing any crime," said Mr. Filipovich.
He flew to New York City and was sup-
"It's downright un-American. This secrecy
posed to fly to Helsinski, Finland, and then
smacks of a totalitarian regime."
to Moscow, but he missed the flight to Hel-
A spokesman for the Justice
sinski, the source said. Mr. Fedorenko was to
Department's Office of Special Investiga-
have a Justice Department escort as far as
tions, which handles Nazi cases, said late
Helsinski, the source added.
Wednesday that Mr. Fedorenko had not yet
The source, who had earlier said Mr.
been deported, but would not comment fur-
Fedorenko made the flight to Helsinski and
ther.
had left there for Moscow, said later, "I was
A long-time factory worker in Waterbury,
misinformed. He's still in New York in cus-
Conn., Mr. Fedorenko retired to Miami
tody, because he missed the flight to Helsin-
Beach, Fla., in 1976.
ski."
Mr. Fedorenko would be the first Nazi ever
He was found to have illegally obtained
U.S. citizenship in 1970 because he lied to
deported by the United States to the Soviet
Union. Others have been sent to West Ger-
immigration officials when entering the
country in 1949. The government, after
many and Portugal.
years of trying, succeeded in stripping him
Late Wednesday, two Supreme Court jus-
tices declined to halt the deportation.
of his citizenship and ordering his deporta-
tion.
Justices William J. Brennan and John
Paul Stevens late Wednesday turned down
Mr. Fedorenko was born in the Ukraine
Fedorenko's last-minute requests to avoid
and was drafted into the Russian army in
deportation.
1941. He was captured by the Germans and
Lawyers for Mr. Fedorenko made an emer-
while being held prisoner was selected for
gency plea to Mr. Brennan, saying their cli-
training as a prison guard.
ent was scheduled to be deported at 6 p.m.
U.S. officials said he served as a guard in
EST Wednesday. After the rejection by Mr.
1942 and 1943 at Treblinka death camp in
Brennan, the lawyers re-applied to Mr. Ste-
Poland where some 800,000 persons were
vens, who issued his rejection at 7 p.m.
exterminated.
DOJ 1483.01
7
BOB JONES University GREENVILLE, SOUTH CAROLINA. 29614
EXECUTIVE OFFICES
TELEPHONE (803) 242-5100
October 26, 1983
189777
Mr. Morton Blackwell
Old Executive Office Building
Room 191
The White House
Washington, DC 20500
Dear Morton:
It has been some time since ours paths crossed. I am glad that the
stormy circumstances which brought us together have abated, although
the University is under undeserved taxation penalty. Thank you for
the kindness of lending your ear at that time.
The enclosed letter explains the predicament of our good friend
Dr. Peter Ng, who works with the spiritually and materially impov-
erished minority people of Birmingham. If any man deserves to be
called a "minister of religion," this man does. We have exhausted all
help that we know. Dr. Ng's attorney tells me that the Department of
Immigration is being obstinate, though many senators and congressmen
have written or called, requesting that Dr. Ng be granted a visa.
Apparently, only the White House can help him at this time. Would you
intervene? It is an opportunity for the White House to show compassion
upon the black people of Birmingham, and I hope you will see fit to do
so.
Kind regards.
Boby Sincerely yours,
Bob Jones III
President
BJIII:se