Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Source Description
This file contains material relating to Jose Manuel Casanova and the Republican National Hispanic Assembly.
Scholar Source Context
Document identity
localId
1126633
label
Cuban Refugees
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1126633
sourceUrl
contentType
document
title
Cuban Refugees
description
This file contains material relating to Jose Manuel Casanova and the Republican National Hispanic Assembly.
citationUrl
collections
Benton L. Becker Papers
General Subject Files
subjects
Cuba
Emigration and immigration
Refugees
Cuban Americans
iiifBase
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1126633
coverageEndDate
logicalDate
1976-01-31
month
1
year
1976
coverageStartDate
logicalDate
1973-07-01
month
7
year
1973
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
url
mediaId
7f41a1dc35965ed9
ocrText
The original documents are located in Box 1, folder "Cuban Refugees" of the Benton L.
Becker Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Benton Becker donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the Benton Becker Papers at the Gerald R. Ford Presidential Library
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 02618
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Form
CREATOR'S NAME
Pierre de Raet
DESCRIPTION
Concerning immigration case.
CREATION DATE
07/13/1973
COLLECTION/SERIES/FOLDER ID 023800004
DATE WITHDRAWN
05/15/1991
WITHDRAWING ARCHIVIST
KLG
rec. 12/24/75
THE WHITE HOUSE
WASHINGTON
December 20, 1975
Dear Mr. Casanova:
The President has asked me to respond to your letter
of December 10 concerning Cuban refugees. He asked
that I express his concern over the problems you raised
in the Republican National Hispanic Assembly meeting
on December 11. The President has requested the Com-
missioner of the Immigration and Naturalization Service
to submit recommendations on how the backlog of Cuban
applications for resident status can be more expeditiously
processed.
I asked Gwen Anderson of my staff to telephone you recently
to express the President's interest in finding a resolu-
tion to this problem. My office will keep after it until
we find the proper course 0 off action.
President Ford was glad to have the opportunity of meet-
ing with you and the other representatives of the
Republican National Hispanic Assembly, and he sends his
warm regards.
Sincerely,
ROBERT T. HARTMANN
Counsellor to the President
Mr. Jose Manuel Casanova
Chairman
Florida Republican Hispanic Assembly
7500 Southwest 82nd Court
Miami, Florida 33143
GERALD FORD LIBRANE
THE WHITE HOUSE
WASHINGTON
December 20, 1975
Dear Mr. Attorney General:
It has been brought to the President's attention that
there is considerable delay in processing the applica-
tions of Cuban refugees for permanent resident alien
status. Preliminary investigations indicate there is
a backlog of over 70,000 applications,
Would you please review the matter and report to me
your findings together with your recommendations on
how the backlog of Cuban applications for resident
status can be more expeditiously processed, I would
appreciate receiving your recommendations by January 15.
Thank you in advance for your cooperation and personal
attention to this inquiry.
1
Sincerely,
Bab ROBERT T. HARTMANN
Counsellor to the President
The Honorable Edward H. Levi
Attorney General
Department of Justice
9th and Constitution Avenue, N.W.
Washington, D. C. 20530
LIBRARY GERALD R FORD
THE WHITE HOUSE
WASHINGTON
From: Robert T. Hartmann
To:
a. m.
Date:
Time
p.m.
B To anything ?
Get Pres to order if
Then results.
THE WHITE HOUSE
WASHINGTON
December 18, 1975
MEMORANDUM FOR ROBERT T. HARTMANN
FROM:
GWEN ANDERSON ya
VIA:
DOUG SMITH Apr
SUBJECT:
Cuban Refugees
At the meeting of the Republican National Hispanic Assembly with
the President on Thursday, December 11, the attached letter (Tab A)
to the President was presented by Mr. Casanova. The letter recom-
mended the following two items:
1. An executive order from the President to the Immigration
Department to speed up the method of processing U.S.
que
residence applications for Cubans living in the United States
with a refugee status, as well as for U.S. residents (of
Cuban origin) who are seeking citizenship.
2. To promote legislation to automatically move Cuban
refugees already living in the United States, to resident status
with a minimum of paperwork. Also to allow their
period of residence in the United States as refugees to
count towards the necessary waiting period to obtain
citizenship.
On Thursday afternoon, following your instructions, I forwarded a
copy of the letter from Mr. Casanova to Mr. James Cannon, Director
of the Domestic Council, requesting an answer to the questions posed
in the letter.
I subsequently telephoned Mr. Cannon on Saturday morning to ask
him the status of the request. He commented he could not understand
the incredible urgency of this request. I explained that Counsellor
Hartmann and the President were anxious to move quickly on thispo
matter. Hestated that he had referred the matter to Mr. Dick Parsons
GERAL
-2-
on his staff. I informed Mr. Cannon we wanted the information
no later than Monday and then telephoned Mr. Parsons immediately
(at his home) and he said there would be a delay as he would be
out of town on Monday. I suggested that he arrange for his secre-
tary to forward the information which he anticipated receiving
from the Immigration and Naturalization Service (INS). It was
emphasized that the information should be available to Mr. Hartmann
by close of business on Monday.
Since nothing had arrived by 5 p.m. on Monday, I telephoned Mr.
Parsons' office and spoke with his secretary, Mary Donahue. She
said she was formulating a memo to send to Mr. Cannon who would
in turn give the information to Mr. Hartmann. At 6:30 a copy
of the memo from Mr. Cannon (Tab B) arrived. The memo did not
fully respond to the two requests for action on the President's
behalf. The conclusion in the memo was that there was no way to
No
accelerate the rate of naturalization of Cuban refugees unless
Congress enacts additional legislation and that the INS advises
that the Executive Branch cannot do anything administratively to
relieve the situation.
The following morning Fernando D& Baca was contacted, and I talked
several times by telephone with Mary Donahue in an attempt to
obtain answers to the questions that remained unanswered. These
telephone conversations resulted in my memo to you of December 16
at 2:00 p.m. That memo (Tab C) provided some additional infor-
mation, but concluded that the information obtained seemed vague.
I recommended that we get the necessary information in writing
from the INS. Later that afternoon I met Mr. Cannon in the hall-
way and told him that there was a portion of the letter that had
not been responded to and that it would be sent back to him.
On the 17th a copy of a memo from Jim Cannon (Tab D), which was
apparently intended for but not actually delivered to you, re-
affirmed the general information which I had received orally.
and which already had been included in my memo of December 16.
However, Mr. Cannon's conclusion was that "since the limitation
is
on visas and the required period of residence are matters of
law, there is little the Executive Branch can do to help the
situation.
"
In view of the lack of adequate explanation of the apparent problem,
it is recommended that the Commissioner of Immigration and Naturali-
zation Service be asked to submit suggestions on how the backlog
of Cuban applications for residence status can be more expedi-
tiously processed.
GERALD
Pend Pend In
Republican
National
December 10, 1975
for 12-11- 15 p
Hispanic
Assembly
Hon. Gerald Ford
President of the
NATIONAL CHAIRMAN
United States of America
Fernández (Ben)
The White House
Washington, D.C. 20500
VICE CHAIRMAN
SOUTHEAST REGION
Alicia Cosanova
Dear Mr. President:
FLORIDA CHAIRMAN
Cuban refugees living and working in the United States, who are
José Manuel Casanova
trying to become U.S. residents and wish to become citizens,
VICE CHAIRMEN
are having waiting periods of three and four years to obtain
Carlos Solmon
their desired status.
Arturo Hevia
Previously, even at the peak of Cuban arrival to the United
SECRETARY
Alberto Córdenas, Esq.
States obtaining residence status, did not entail more than a
few months delay. One must assume a reduced staffing and some
TREASURER
feet dragging by the Immigration Department as responsible.
Eloy Cepero
&
For Cubans already living, working and paying taxes in the
VICE TREASURER
United States, it appears to both the best interest of the
Eugenio Aspiazo
United States and of Cuban-Americans that they be absorbed at
AUDITOR
an accelerated rate into the mainstream of the American system
Frank Dioz, Jr. C.P.A.
as most desirable.
EXECUTIVE COMMITTEE
Rofael Acebedo
We, therefore, recommend:
William Alexander
Miguel Almeida
Julión Almeida
1. An executive order from the President to the Immigration
Dro. Margarita Alvarez
Department to speed up the method of processing U.S.
Rafael Alvarez
Franz Arango
residence applications for Cubans living in the United
Luis Arrizurieta
States with a refugee status, as well as for U.S. residents
José Bello
Pedro Benitez
(of Cuban origin) who are seeking citizenship.
Pedro Bernal
Diono Bethel
Armondo Bucelo
2. To promote legislation to automatically move Cuban refugees
Silvio de Córdenas, Jr.
already living in the United States, to resident status with
Mike Carricarte
Alvaro Corta
a minimum of paperwork. Also to allow their period of
Carlos Dascal
residence in the United States as refugees to count towards
lleana Fresen
Roberto Godoy, Esq.
the necessary waiting period to obtain citizenship.
Pablo Gómez
Ismoel Hernández, M.D.
Respectfully,
Mario Lamar, Jr., Esq.
Carlos Lidsky
Evaristo Marina
Mario Meneses
Ramiro Rangel
Descassion Jose Manuel Casanova
Anthony Rivas
Florida Chairman
Enrique Tomeu
Alicia L. Casanon
GERALD FORD LIBRARY
Florida
7500 S W 82nd COURT / MIAMI
THE WHITE HOUSE
WASHINGTON
December 16, 1975
MEMORANDUM FOR :
ROBERT T. HARTMANN
FROM :
JIM CANNON Donc
SUBJECT :
Cuban Refugees
Attached is a memorandum drafted by Richard Parsons,
who is out of town, which may answer the questions
you had about the Cuban Refugee program.
$
If you need more information, please let me know.
Attachment
cc: Gwen Anderson
GERALD LIBRARY P. FORD
THE WHITE HOUSE
WASHINGTON
December 15, 1975
MEMORANDUM FOR: Mr. James Cannon
Mary D.
FROM:
Mary Donahue
Secretary to Richard Parsons
SUBJECT:
Cuban Refugees Living and Working in
the United States
You had an inquiry from Robert Hartmann via Gwendolyn Anderson
about the Cuban refugee situation. The Immigration and
Naturalization Service has supplied the following informa-
tion:
7245
Cuban refugees are included in the quota for the entire
Western Hemisphere. A person must have lived in the United
States for two years before he can make application for
residence status. When he applies for residence status,
the Department of State assigns him an immigrant number.
When that number comes up on the immigrant list, he is
notified that he can commence naturalization proceedings.
tt
Naturalization is a five-year process The State Department
is only now calling up immigrant numbers assigned in July
of 1973.
On November 2, 1966, the Congress enacted the Cuban Adjustment
Act. That bill provides a speeded-up process --- a so-called
30-months' roll-back provision -- for Cuban refugees. When a
Cuban refugee's immigrant number comes up, he is notified that
he can commence naturalization proceedings. If he had been a
resident of the United States for, say, four years, he would
automatically take advantage of the 30-months' roll-back
provision. Instead of waiting five years from the date of
commencement of naturalization proceedings, he would have to
wait only 30 months to become a citizen. Thus the period of
residence in the United States does count, so far as Cuban
refugees are concerned, toward the necessary waiting period
to obtain citizenship.
Unless Congress enacts additional legislation, there is no way
to accelerate the rate of naturalization of Cuban refugees.
I&NS advises that the Executive Branch cannot do anything
administratively to relieve the situation.
GERALD R. FORD
THE WHITE HOUSE
WASHINGTON
December 16, 1975 2:00 p.m.
MEMORANDUM FOR ROBERT T. HARTMANN
VIA:
DOUG SMITH Al 22a.
FROM:
GWEN ANDERSON
SUBJECT:
Cuban refugees
The following information has been gathered today from
the Domestic Council:
1. The Domestic Council's contact at the Immigration and
Naturalization Service (INS) says the President cannot
issue an Executive Order to speed up the method of proces-
sing U.S. residence applications for Cubans who are seeking
citizenship. Only the Congress, by enacting special legisla-
tion, could do this.
2. The Congress has already enacted the Cuban Adjustment
Act which has a 30 month roll back provision permitting a
Cuban refugee who wishes to become a U.S. citizen to apply
30 months of the period he has lived in the U.S. under alien
status to the 5 year waiting period for citizenship which
dates from the time of the processing of his application for
resident status. In other words if a Cuban had been here for
2½ years and then applied for citizenship, he could take
advantage of the 30 month roll back provision and would only
have to wait 2½ more years from the date of acceptance of
his application for resident status until the date he could
attain citizenship status. Individuals from no other country
enjoy that 2½ year, or 30 month, speed up process to attain
citizenship.
3. The delay to which Mr. Casanova apparently refers in
his letter is not this 5 year waiting period, but the indeter
minate length of time an immigrant must wait from the time
he makes his application for resident status until the State
-2-
Department processes that application. It is not until the
application for resident status is processed and the resident
status is granted that the 5 year waiting period in order to
attain citizenship commences.
4. An immigrant who wishes to apply for U.S. citizenship
must reside in the United States for two years before he
can apply for resident status and thus begin the naturali-
zation process.
5. Applications for resident status are processed in turn by
the State Department, and in accordance with the quota
limitations imposed by law. The Cuban quota is included in
the quota for the western hemisphere which is limited to
120,000 individuals per year. There are presently 72,000
Cubans waiting on the immigrant list for their applications
for resident status to be called up for processing. Apparently
there is a specific quota number for Cuba, and the State Depart-
ment processes only 19,000 applications from Cuban citizens
each year. At the present time the State Department is only
processing applications for resident status made in July 1973.
This information seems vague, and I cannot guarantee that it
is entirely reliable. I would recommend that we get information
in writing from the INS.
GERALD R: THE FORD
Received given 10:30 'aim. 12/17
But not discussed by RTH
THE WHITE HOUSE
WASHINGTON
December 16, 1975
MEMORANDUM FOR:
Bob Hartmann
FROM:
Jim Cannon
SUBJECT:
Cuban Refugees
Gwen Anderson asked me to "find out what the facts are" concern-
ing the attached letter from Jose Manuel Casanova regarding the
difficulties Cuban refugees are encountering in obtaining
U. S. citizenship. They are as follows:
In order to become a U. S. citizen, an alien must complete a
two-step process. First he/she must obtain a Permanent Resident
Alien visa. This is usually obtained by the alien in his home
country before leaving for the United States. Second, he/she
must reside within the United States for at least five years as
a Permanent Resident Alien from the date Permanent Resident Alien
status was granted.
Because of the unique situation involving Cuba, however, the
process is somewhat different for Cuban refugees. They are
allowed to come to the United States without a visa, in refugee
status. After they have resided within the United States for
at least two years, they may then make application for a Permanent
Resident Alien visa. Then they must reside within the United
States as a Permanent Resident Alien for not less than two and
one-half years nor more * than five years before being eligible
for U. S. citizenship.
The point at which our Cuban friends are experiencing some
difficulty is in obtaining a Permanent Resident Alien visa The
problem here is that the Congress has, by law, established a
limitation on the number of such visas which may be granted each
wrong
year to persons born in Western Hemisphere countries (which, of
course, includes Cubans). The annual quota is 120,000, available
*
The normal period of required residency after Permanent
Resident Alien status is granted is five years. However FORD
in 1966, the Congress provided a break for Cuban refugées
which would allow them to recoup up to 30 months of Nonpermanent
Resident Alien status in order to speed up the process for
obtaining citizenship.
2
on a first-come, first-serve basis. As I am sure you know,
the number of Western Hemisphere aliens seeking to obtain
Permanent Resident Alien visas each year far exceeds 120,000
and, as a consequence, a rather substantial waiting list has
developed. In fact, I am advised that the waiting period
between the time an alien makes application for a Permanent
Resident Alien visa and the time at which such a visa can be
granted is approximately two and one-half years.
Since the limitation on visas and the required period of
residence are matters of law, there is little the Executive
Branch can do to help the situation.
CC: Gwen Anderson
FORD a. LIBRARY
TO
: Benton L. Becker
January 12, 1976
FROM
:
Louis P. Maniatis
SUBJECT: Cuban Refugees
Concerning the inquiries made as to the Cuban
Refugee situation, I will attempt to set out the
procedure required under the special act passed by
Congress. (Act of November 2, 1966 P.L. 89-732,80
Stat 1161) Copies attached.
1. After a Cuban refugee has been paroled
into the United States, and has been
of
physically present in this country for
at least two years, he may apply to the
Attorney General (Immigration and
Naturalization Service) for adjustment
of status. The alien must make such
application.
2. When such an application is made, and the
Department of State has allocated a visa
number to such applicant (this is a prime
requisite), such alien can then be adjusted
to a permanent resident alien. After such
adjustment, the Attorney General (Immi-
gration and Naturalization Service) will
register a record of admission upon appli-
cation. The normal waiting period of
five years following adjustment of status
to become naturalized is reduced, under
this special act, to thirty months or two
and one half years, before the alien can
apply for naturalization. The act pro-
vides the method of computing this time.
3. The special Cuban act is subject to the
annual numerical limitation of 120,000
of the Western Hemisphere. The present
GERALD R. FORD LIBRARY
status of immigrants from the Western
Hemisphere, an indicated January 1976
Bulleting of the United States Depart-
ment of State, Bureau of Security and
Consular Affairs Number 97, Volume II,
states that numbers allocated for
December January issuance under the Western
Hemisphere limitation were for appli-
cants with priority dates earlier than
August 15, 1973. (An almost three year
waiting period).
Note: I do not know what priority
is given the Cuban refugees (parolees)
by the State Department in the issuance
of visas. This could be inquired or
looked into. (It is my understanding
that State takes each visa on a first
come, first served basis, thus plac-
ing complications in Cuban securing
visas).
4. In my opinion no Executive Order is required,
or even necessary. The Administration or
mechanics of processing applications can
be expedited either by the Attorney General
or the Commissioner of the Immigration and
Naturalization Service. This is not the
problem. The stumbling block is how and
with what priority the State Department
allocates visas to the Cuban parolees
(refugees).
5. There are two bills presently pending in
the Congress, which will remove the 120,000
limitation applying to immigrants from
the Western Hemisphere. H.R. 8195 removes
the distinction between the Eastern and
Western Hemispheres and allows a total of
300,000 for the Western Hemisphere. This
bill has the endorsement of the Immi-
gration and Naturalization. The second,
- 2 -
FORD LIBRARY d GERALD
H.R. 1014 is a more complicated bill.
The President could offer his support
of H.R. 8195.
The President could well point out in his State of
the Union Message that he is in favor of such a bill
receiving favorable consideration by the Congress. The
Congress, apparently because of the illegal influx of
many from the Western Hemisphere, by the Act of
October 3, 1965 set a limitation of 120,000. This is
unrealistic for several reasons. (1) It proliferated
the influx of hundreds of thousands illegal aliens,
(2) It has created an atmosphere of hostility toward
the United States by the several nations in the Western
Hemisphere, thus adding to their "beefs" against the
"Big Brother from the North," (3) This bill will, to
a great extent, stop this daily illegal flow into the
United States. The great majority of illegals sincerely
wish to immigrate legally into this country and become
part and parcel of its fiber. Instead of creating a
situation where they illegally work here at substandard
wages, it will raise the level and standard of living
so that it will strengthen, rather than weaken, working
conditions. This would also affect the high unemployment
presently prevailing, because the immigrant alien would
have to compete with the skill and knowledge of the
native worker, who is now unemployed, because the alien
is willing to accept any job at any salary.
In addition, this has the advantage that it does
not confine itself merely to the Cuban situation, which
could be construed as requesting preferential treatment,
but to all nations in the Western Hemisphere.
- 3 -
FORD R. LIBRARY GERALD
received 12/24/75
OFFICE MEMORANDUM
Republican National Committee
From: To: Benton,
12/22/15
Date:
Subject: Its been a long
time since I took
contract 101 but
would you
please tell me
what in the help
this obligate either
party to?- Is it
as maningles as
it sounds
H FORD
BRALD THE
Agreement for Word Processing Services
To:
Bowne Time Sharing, Inc.
345 Hudson Street
New York, N. Y. 10014
Name and Address of Customer:
Republican National Committee
310 First Street S.E.
Washington, D.C.
Bowne Time Sharing, Inc. (BTS) by its acceptance hereof by signature at its offices located at 345 Hudson
Street, New York, New York 10014 agrees to furnish from its Operations Center to the Customer, as available,
word processing services requested by the Customer pursuant to the charges, terms and conditions of this
Agreement and any Amendment hereto.
Terms, Charges and Conditions
I.
Terms of Agreement
This Agreement and any Amendment hereto is effective from the date it is accepted by BTS and shall
remain in full force and effect until terminated by either party at the end of any calendar month, provided that
four weeks' prior written notice is received by the other party, except as otherwise provided in Paragraph VI
below.
II.
Availability and Charges
Scheduled availability of, and charges for, word processing services and supplies will be in accordance
with the prevailing schedules for such services and supplies, which schedules are hereby incorporated into and
made a part of this Agreement, subject to the terms hereof. The schedules prevailing at the time of the acceptance
of this Agreement are attached hereto.
III.
Additional and Replacement Services
Additional and replacement word processing services and supplies may be ordered by the Customer in
writing under this Agreement at any time after its acceptance by BTS. Such additional orders will also be subject
to acceptance by BTS and to the terms and conditions contained in BTS' then prevailing schedules for such
services and supplies.
It is recognized that during the term of this Agreement, the Customer may order services and supplies
in addition to those in the then prevailing schedules for services and supplies. Orders for such services and supplies
are subject to acceptance by BTS, and charges for any such additional services and supplies shall be as mutually
agreed upon by the parties.
IV.
Terms of Payment
All bills will be rendered monthly and are due and payable upon receipt.
V.
Customer Responsibilities
1. Compatible terminal equipment and communication devices required for use of word processing
services, as specified by BTS, are to be obtained and maintained by the Customer at Customer's
expense.
R.
FORD
2. The Customer is solely responsible for the accuracy and adequacy of the datavhe GERA transmits for
processing and for the resultant output thereof.
3. Upon the termination of this Agreement, BTS will dispose of the Customer's information and data
remaining in the system in any manner it deems appropriate unless the Customer, prior to such
termination, furnishes to BTS written instructions for the disposition of such information and data
at the Customer's expense.
VI.
General
The terms and conditions contained herein are those currently in effect. All charges, terms and conditions
are subject to change by BTS upon four weeks' written notice. The Customer may by written notice terminate
this Agreement and any Amendment hereto on the effective date of such change; otherwise, the new charges
and/or terms and conditions shall become effective. The terms and conditions of any Amendment hereto shall
prevail notwithstanding any variance with the terms and conditions of this Agreement.
There shall be added to the charges for word processing services and supplies amounts equal to any
applicable taxes, however designated, levied or based on such charges or on this Agreement or any Amendment
hereto, exclusive however of taxes based on net income.
BTS will take such precautions as it deems appropriate to prevent the loss or alteration of, or improper
access to, the Customer's information and data, and will use its standard programs, as described in the published
User's Guide furnished to the Customer, to process the Customer's data. Customer acknowledges receipt of a
copy of the User's Guide and is familiar with the contents thereof. BTS agrees to apply its standard security
techniques, as described in the User's Guide furnished to the Customer, in the handling of the data transmitted
and processed, and the resultant output. In the event of loss or destruction of data or files due to failures or
errors in BTS' computers, operating systems or programs, or the error or negligence of BTS' personnel, BTS'
obligation is limited solely to providing at no additional charge such time sharing machine services as are
reasonably necessary for the Customer's use in recreating information and data files lost. In no event shall BTS
be liable for consequential damages.
This Agreement is not assignable without BTS's written consent and any attempt to assign any rights,
duties or obligations which may arise under this Agreement without such permission shall be void. Either party
may terminate this Agreement for failure of the other to comply with any of its terms and conditions.
This Agreement shall be governed by the laws of the State of New York and constitutes the entire
statement of the agreement between the Customer and BTS with respect to word processing services. The
foregoing terms and conditions shall prevail notwithstanding any variances with the terms and conditions of
any prior or subsequent order submitted by the Customer for word processing services.
Accepted By:
all
Bowne Time Sharing, Inc.
Customer
Dale & By Ries
By JACK E. Kocher
President
Director, Graphic Services
Officer's Title
Title
Date august 18,1975
Date 7-29-75
010573FORM2003/1000
received 12/24/75
OFFICE MEMORANDUM
Republican National Committee
From: To: Benton,
12/22/15
Date:
Subject: Its been a long
time since I took
contracts 101 but
would you
please tell me
what in the help
this obligates either
party to:- Is it
as maningles as
&
FORD
it
Agreement for Word Processing Services
To:
Bowne Time Sharing, Inc.
345 Hudson Street
New York, N. Y. 10014
Name and Address of Customer:
Republican National Committee
310 First Street S.E.
Washington, D.C.
Bowne Time Sharing, Inc. (BTS) by its acceptance hereof by signature at its offices located at 345 Hudson
Street, New York, New York 10014 agrees to furnish from its Operations Center to the Customer, as available,
word processing services requested by the Customer pursuant to the charges, terms and conditions of this
Agreement and any Amendment hereto.
Terms, Charges and Conditions
I.
Terms of Agreement
This Agreement and any Amendment hereto is effective from the date it is accepted by BTS and shall
remain in full force and effect until terminated by either party at the end of any calendar month, provided that
four weeks' prior written notice is received by the other party, except as otherwise provided in Paragraph VI
below.
II.
Availability and Charges
Scheduled availability of, and charges for, word processing services and supplies will be in accordance
with the prevailing schedules for such services and supplies, which schedules are hereby incorporated into and
made a part of this Agreement, subject to the terms hereof. The schedules prevailing at the time of the acceptance
of this Agreement are attached hereto.
III.
Additional and Replacement Services
Additional and replacement word processing services and supplies may be ordered by the Customer in
writing under this Agreement at any time after its acceptance by BTS. Such additional orders will also be subject
to acceptance by BTS and to the terms and conditions contained in BTS' then prevailing schedules for such
services and supplies.
It is recognized that during the term of this Agreement, the Customer may order services and supplies
in addition to those in the then prevailing schedules for services and supplies. Orders for such services and supplies
are subject to acceptance by BTS, and charges for any such additional services and supplies shall be as mutually
agreed upon by the parties.
IV.
Terms of Payment
All bills will be rendered monthly and are due and payable upon receipt.
V.
Customer Responsibilities
1.
Compatible terminal equipment and communication devices required for use of word processing
services, as specified by BTS, are to be obtained and maintained by the Customer at Customer's
expense.
FORD
2. The Customer is solely responsible for the accuracy and adequacy of the data he transmits for
processing and for the resultant output thereof.
GERA
3. Upon the termination of this Agreement, BTS will dispose of the Customer's information and data
remaining in the system in any manner it deems appropriate unless the Customer, prior to such
termination, furnishes to BTS written instructions for the disposition of such information and data
at the Customer's expense.
VI.
General
The terms and conditions contained herein are those currently in effect. All charges, terms and conditions
are subject to change by BTS upon four weeks' written notice. The Customer may by written notice terminate
this Agreement and any Amendment hereto on the effective date of such change; otherwise, the new charges
and/or terms and conditions shall become effective. The terms and conditions of any Amendment hereto shall
prevail notwithstanding any variance with the terms and conditions of this Agreement.
There shall be added to the charges for word processing services and supplies amounts equal to any
applicable taxes, however designated, levied or based on such charges or on this Agreement or any Amendment
hereto, exclusive however of taxes based on net income.
BTS will take such precautions as it deems appropriate to prevent the loss or alteration of, or improper
access to, the Customer's information and data, and will use its standard programs, as described in the published
User's Guide furnished to the Customer, to process the Customer's data. Customer acknowledges receipt of a
copy of the User's Guide and is familiar with the contents thereof. BTS agrees to apply its standard security
techniques, as described in the User's Guide furnished to the Customer, in the handling of the data transmitted
and processed, and the resultant output. In the event of loss or destruction of data or files due to failures or
errors in BTS' computers, operating systems or programs, or the error or negligence of BTS' personnel, BTS'
obligation is limited solely to providing at no additional charge such time sharing machine services as are
reasonably necessary for the Customer's use in recreating information and data files lost. In no event shall BTS
be liable for consequential damages.
This Agreement is not assignable without BTS's written consent and any attempt to assign any rights,
duties or obligations which may arise under this Agreement without such permission shall be void. Either party
may terminate this Agreement for failure of the other to comply with any of its terms and conditions.
This Agreement shall be governed by the laws of the State of New York and constitutes the entire
statement of the agreement between the Customer and BTS with respect to word processing services. The
foregoing terms and conditions shall prevail notwithstanding any variances with the terms and conditions of
any prior or subsequent order submitted by the Customer for word processing services.
Accepted By:
Bowne Time Sharing, Inc.
Dales By Ries
pick By JACK Kocher
Customer
President
Director, Graphic Services
Officer's Title
Title
Date august 18,1975
Date 7-29-75
GERALD R FORM
010573FORM2003/1000
THE WHITE HOUSE
WASHINGTON
From: Robert T. Hartmann
To:
a. m.
Date:
Time
p.m.
B Con agory boything ?
Get Pres to order if
Then results.
One R. GERALO LIBRARY
THE WHITE HOUSE
WASHINGTON
December 18, 1975
MEMORANDUM FOR ROBERT T. HARTMANN
FROM:
GWEN ANDERSON ya
VIA:
DOUG SMITH, Apr
SUBJECT:
Cuban Refugees
At the meeting of the Republican National Hispanic Assembly with
the President on Thursday, December 11, the attached letter (Tab A)
to the President was presented by Mr. Casanova. The letter recom-
mended the following two items:
1. An executive order from the President to the Immigration
Department to speed up the method of processing U.S.
residence applications for Cubans living in the United States
with a refugee status, as well as for U.S. residents (of
Cuban origin) who are seeking citizenship.
2. To promote legislation to automatically move Cuban
refugees already living in the United States, to resident status
with a minimum of paperwork. Also to allow their
period of residence in the United States as refugees to
count towards the necessary waiting period to obtain
citizenship.
On Thursday afternoon, following your instructions, I forwarded a
copy of the letter from Mr. Casanova to Mr. James Cannon, Director
of the Domestic Council, requesting an answer to the questions posed
in the letter.
I subsequently telephoned Mr. Cannon on Saturday morning to ask
him the status of the request. He commented he could not understand
the incredible urgency of this request. I explained that Counsellor
Hartmann and the President were anxious to move quickly on this
matter. He stated that he had referred the matter to Mr. Dick Parsons
IBRARY
-2-
on his staff. I informed Mr. Cannon we wanted the information
no later than Monday and then telephoned Mr. Parsons immediately
(at his home) and he said there would be a delay as he would be
out of town on Monday. I suggested that he arrange for his secre-
tary to forward the information which he anticipated receiving
from the Immigration and Naturalization Service (INS). It was
emphasized that the information should be available to Mr. Hartmann
by close of business on Monday.
Since nothing had arrived by 5 p.m. on Monday, I telephoned Mr.
Parsons' office and spoke with his secretary, Mary Donahue. She
said she was formulating a memo to send to Mr. Cannon who would
in turn give the information to Mr. Hartmann. At 6:30 a copy
of the memo from Mr. Cannon (Tab B) arrived. The memo did not
fully respond to the two requests for action on the President's
behalf. The conclusion in the memo was that there was no way to
accelerate the rate of naturalization of Cuban refugees unless
Congress enacts additional legislation and that the INS advises
that the Executive Branch cannot do anything administratively to
relieve the situation
The following morning Fernando De Baca was contacted, and I talked
several times by telephone with Mary Donahue in an attempt to
obtain answers to the questions that remained unanswered. These
telephone conversations resulted in my memo to you of December 16
at 2:00 p.m. That memo (Tab C) provided some additional infor-
mation, but concluded that the information obtained seemed vague.
I recommended that we get the necessary information in writing
from the INS. Later that afternoon I met Mr. Cannon in the hall-
way and told him that there was a portion of the letter that had
not been responded to and that it would be sent back to him.
On the 17th a copy of a memo from Jim Cannon (Tab D), which was
apparently intended for but not actually delivered to you, re-
affirmed the general information which I had received orally.
and which already had been included in my memo of December 16.
However, Mr. Cannon's conclusion was that "since the limitation
on visas and the required period of residence are matters of
law, there is little the Executive Branch can do to help the
situation.
In view of the lack of adequate explanation of the apparent problem,
it is recommended that the Commissioner of Immigration and Naturali-
zation Service be asked to submit suggestions on how the backlog
of Cuban applications for residence status can be more expedi-
tiously processed.
period
Republican
National
December 10, 1975
& 12-11- 15 per
Hispanic
Assembly
Hon. Gerald Ford
President of the
NATIONAL CHAIRMAN
United States of America
Fernández (Ben)
The White House
Washington, D.C. 20500
VICE CHAIRMAN
SOUTHEAST REGION
Alicia Casanova
Dear Mr. President:
FLORIDA CHAIRMAN
Cuban refugees living and working in the United States, who are
José Manuel Casanova
trying to become U.S. residents and wish to become citizens,
VICE CHAIRMEN
are having waiting periods of three and four years to obtain
Carlos Salman
their desired status.
Arturo Hevia
Previously, even at the peak of Cuban arrival to the United
SECRETARY
Alberto Cárdenas, Esq.
States obtaining residence status, did not entail more than a
few months delay. One must assume a reduced staffing and some
TREASURER
feet dragging by the Immigration Department as responsible.
Eloy Cepero
For Cubans already living, working and paying taxes in the
VICE TREASURER
United States, it appears to both the best interest of the
Eugenio Aspiazo
United States and of Cuban-Americans that they be absorbed at
AUDITOR
an accelerated rate into the mainstream of the American system
Frank Diaz, Jr. C.P.A.
as most desirable.
EXECUTIVE COMMITTEE
Rafael Acebedo
We, therefore, recommend:
William Alexander
Miguel Almeida
Julián Almeida
1. An executive order from the President to the Immigration
Dra. Margarita Alvarez
Department to speed up the method of processing U.S.
Rafael Alvarez
Franz Arango
residence applications for Cubans living in the United
Luis Arrizurieta
States with a refugee status, as well as for U.S. residents
José Bello
Pedro Benitez
(of Cuban origin) who are seeking citizenship.
Pedro Bernal
Diano Bethel
Armando Bucelo
2. To promote legislation to automatically move Cuban refugees
Silvio de Cárdenas, Jr.
already living in the United States, to resident status with
Mike Carricarte
Alvaro Carta
a minimum of paperwork. Also to allow their period of
Carlos Dascal
residence in the United States as refugees to count towards
lleana Fresen
Roberto Godoy, Esq.
the necessary waiting period to obtain citizenship.
Pablo Gómez
Ismoel Hernández, M.D.
Respectfully,
Mario Lamar, Jr., Esq.
Carlos Lidsky
Evaristo Marina
Mario Meneses
Decamon Jose Manuel Casanova
FOR
Ramiro Rangel
Anthony Rivas
Florida Chairman
Enrique Tomeu
GERALD
Alicia L. Casanora
Florida
7500 S W
/
g
THE WHITE HOUSE
WASHINGTON
December 16, 1975
MEMORANDUM FOR :
ROBERT T. HARTMANN
FROM :
JIM CAMMON
SUBJECT :
Cuban Refugees
Attached is a memorandum drafted by Richard Parsons,
who is out of town, which may answer the questions
you had about the Cuban Refugee program.
If you need more information, please let me know.
Attachment
CC: Gwen Anderson
it.
FORD
LIBRART
THE WHITE HOUSE
WASHINGTON
December 15, 1975
MEMORANDUM FOR: Mr. James Cannon
Mary D.
FROM:
Mary Donahue
Secretary to Richard Parsons
SUBJECT:
Cuban Refugees Living and Working in
the United States
You had an inquiry from Robert Hartmann via Gwendolyn Anderson
about the Cuban refugee situation. The Immigration and
Naturalization Service has supplied the following informa-
tion:
Cuban refugees are included in the quota for the entire
Western Hemisphere. A person must have lived in the United
States for two years before he can make application for
residence status. When he applies for residence status,
the Department of State assigns him an immigrant number.
When that number comes up on the immigrant list, he is
notified that he can commence naturalization proceedings.
Naturalization is a five-year process. The State Department
is only now calling up immigrant numbers assigned in July
of 1973.
On November 2, 1966, the Congress enacted the Cuban Adjustment
Act. That bill provides a speeded-up process --- a so-called
30-months' roll-back provision -- for Cuban refugees. When a
Cuban refugee's immigrant number comes up, he is notified that
he can commence naturalization proceedings. If he had been a
resident of the United States for, say, four years, he would
automatically take advantage of the 30-months' roll-back
provision. Instead of waiting five years from the date of
commencement of naturalization proceedings, he would have to
wait only 30 months to become a citizen. Thus the period of
residence in the United States does count, so far as Cuban
refugees are concerned, toward the necessary waiting period
to obtain citizenship.
Unless Congress enacts additional legislation, there is no way
to accelerate the rate of naturalization of Cuban refugees.
I&NS advises that the Executive Branch cannot do anything
administratively to relieve the situation.
THE WHITE HOUSE
WASHINGTON
December 16, 1975 2:00 p.m.
MEMORANDUM FOR ROBERT T. HARTMANN
VIA:
DOUG SMITH
FROM:
GWEN ANDERSON
SUBJECT:
Cuban refugees
The following information has been gathered today from
the Domestic Council:
1. The Domestic Council's contact at the Immigration and
Naturalization Service (INS) says the President cannot
issue an Executive Order to speed up the method of proces-
sing U.S. residence applications for Cubans who are seeking
citizenship. Only the Congress, by enacting special legisla-
tion, could do this.
2. The Congress has already enacted the Cuban Adjustment
Act which has a 30 month roll back provision permitting a
Cuban refugee who wishes to become a U.S. citizen to apply
30 months of the period he has lived in the U.S. under alien
status to the 5 year waiting period for citizenship which
dates from the time of the processing of his application for
resident status. In other words if a Cuban had been here for
2½1/2 years and then applied for citizenship, he could take
advantage of the 30 month roll back provision and would only
have to wait 2½ more years from the date of acceptance of
his application for resident status until the date he could
attain citizenship status. Individuals from no other country
enjoy that 2½ year, or 30 month, speed up process to attain
citizenship.
3. The delay to which Mr. Casanova apparently refers in
his letter is not this 5 year waiting period, but the indeter
minate length of time an immigrant must wait from the time
he makes his application for resident status until the State
-2-
Department processes that application. It is not until the
application for resident status is processed and the resident
status is granted that the 5 year waiting period in order to
attain citizenship commences.
4. An immigrant who wishes to apply for U.S. citizenship
must reside in the United States for two years before he
can apply for resident status and thus begin the naturali-
zation process.
5. Applications for resident status are processed in turn by
the State Department, and in accordance with the quota
limitations imposed by law. The Cuban quota is included in
the quota for the western hemisphere which is limited to
120,000 individuals per year. There are presently 72,000
Cubans waiting on the immigrant list for their applications
for resident status to be called up for processing. Apparently
there is a specific quota number for Cuba, and the State Depart-
ment processes only 19,000 applications from Cuban citizens
each year. At the present time the State Department is only
processing applications for resident status made in July 1973.
This information seems vague, and I cannot guarantee that it
is entirely reliable. I would recommend that we get information
in writing from the INS.
D
ERALO FORD LIBRAT
Received h given 10:30 'a.m. 12/17
But not busined by RTH
THE WHITE HOUSE
WASHINGTON
December 16, 1975
MEMORANDUM FOR:
Bob Hartmann
FROM:
Jim Cannon
SUBJECT:
Cuban Refugees
Gwen Anderson asked me to "find out what the facts are" concern-
ing the attached letter from Jose Manuel Casanova regarding the
difficulties Cuban refugees are encountering in obtaining
U. S. citizenship. They are as follows:
In order to become a U. S. citizen, an alien must complete a
two-step process. First he/she must obtain a Permanent Resident
Alien visa. This is usually obtained by the alien in his home
country before leaving for the United States. Second, he/she
must reside within the United States for at least five years as
a Permanent Resident Alien from the date Permanent Resident Alien
status was granted.
Because of the unique situation involving Cuba, however, the
process is somewhat different for Cuban refugees. They are
allowed to come to the United States without a visa, in refugee
status. After they have resided within the United States for
at least two years, they may then make application for a Permanent
Resident Alien visa. Then they must reside within the United
States as a Permanent Resident Alien for not less than two and
one-half years nor more * than five years before being eligible
for U. S. citizenship.
The point at which our Cuban friends are experiencing some
difficulty is in obtaining a Permanent Resident Alien visa. The
problem here is that the Congress has, by law, established a
limitation on the number of such visas which may be granted each
year to persons born in Western Hemisphere countries (which, of
course, includes Cubans). The annual quota is 120,000, available
The normal period of required residency after Permanent
Resident Alien status is granted is five years. However FORD
which would allow them to recoup up to 30 months of Conpermanent LIBREN
in 1966, the Congress provided a break for Cuban refusees
Resident Alien status in order to speed up the process for
obtaining citizenship.
2
on a first-come, first-serve basis. As I am sure you know,
the number of Western Hemisphere aliens seeking to obtain
Permanent Resident Alien visas each year far exceeds 120,000
and, as a consequence, a rather substantial waiting list has
developed. In fact, I am advised that the waiting period
between the time an alien makes application for a Permanent
Resident Alien visa and the time at which such a visa can be
granted is approximately two and one-half years.
Since the limitation on visas and the required period of
residence are matters of law, there is little the Executive
Branch can do to help the situation.
CC: Gwen Anderson
GERALD R. FORD LIBRARY
rec. 12/24/75
THE WHITE HOUSE
WASHINGTON
December 20, 1975
Dear Mr. Casanova:
The President has asked me to respond to your letter
of December 10 concerning Cuban refugees. He asked
that I express his concern over the problems you raised
in the Republican National Hispanic Assembly meeting
on December 11. The President has requested the Com-
missioner of the Immigration and Naturalization Service
to submit recommendations on how the backlog of Cuban
applications for resident status can be more expeditiously
processed.
I asked Gwen Anderson of my staff to telephone you recently
to express the President's interest in finding a resolu-
tion to this problem. My office will keep after it until
we find the proper course of action.
President Ford was glad to have the opportunity of meet-
ing with you and the other representatives of the
Republican National Hispanic Assembly, and he sends his
warm regards.
Sincerely,
ROBERT T. HARTMANN
Counsellor to the President
Mr. Jose Manuel Casanova
Chairman
Florida Republican Hispanic Assembly
7500 Southwest 82nd Court
Miami, Florida 33143
GERAVO R. FORD LIBRARY
nec 12/24/75
THE WHITE HOUSE
WASHINGTON
December 20, 1975
Dear Mr. Attorney General:
It has been brought to the President's attention that
there is considerable delay in processing the applica-
tions of Cuban refugees for permanent resident alien
status. Preliminary investigations indicate there is
a backlog of over 70,000 applications,
Would you please review the matter and report to me
your findings together with your recommendations on
how the backlog of Cuban applications for resident
status can be more expeditiously processed, I would
appreciate receiving your recommendations by January 15.
Thank you in advance for your cooperation and personal
attention to this inquiry.
Sincerely,
Bab ROBERT T. HARTMANN
Counsellor to the President
The Honorable Edward H. Levi
Attorney General
Department of Justice
9th and Constitution Avenue, N.W.
Washington, D. C. 20530
GERALD R. FORD
LearBecter:
1/12/76
Forcot to enclose copy of the Immigration
and Nationality Act cevering the Wban
situation.
LPM
GERALD LIBRARY 7 FORD
IMMIGRATION AND NATIONALITY ACT
83
not favor the adjustment of status of such alien the At-
torney General shall thereupon require the departure of
such alien in the manner provided by law. If neither
the Senate nor the House of Representati ives passes such
a resolution within the time above specified. the Secretary
of State shall, if the alien was classifiable as a quota
immigrant at the time of his entry, reduce by one the
quota of the quota area to which the alien is chargeable
under section 202 of the Immigration and Nationality
Act for the fiscal year then current or the next following
year in which a quota is available. No quota shall be so
reduced by more than 50 per centum in any fiscal year.
"(d) The number of aliens who may be granted the
status of aliens lawfully admitted for ermanent residence
in any fiscal year, pursuant to this section, shall not
exceed fifty.]
[Note 10. The Act of November 2, 1966 (P. L. 89-732, 80
Stat. 1161) authorizes adjustment of status of Cuban refugees
to that of lawful permanent residents of the United States.
The Act provides:
"That, notwithstanding the provisions of section 245(c)
of the Immigration and Nationality Act, the status of
any alien who is a native or citizen of Cuba and who has
been inspected and admitted or paroled into the United 8 U.S.C. 1255.
States subsequent to January 1, 1959 and has been
physically present in the United States for at least two
years, may be adjusted by the Attorney General, in his
discretion and under such regulations as he may prescribe,
to that of an alien lawfully admitted for permanent
residence if the alien makes an application for such
adjustment, and the alien is eligible to receive an immi-
grant visa and is admissible to the United States for
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Attorney General shall
create a record of the alien's admission for permanent
residence as of a date thirty months prior to the filing
of such an application or the date of his last arrival into
the United States, whichever date is later. The provisions
of this Act shall be applicable to the spouse and child
of any alien described in this subsection, regardless of
their citizenship and place of birth, who are residing
with such alien in the United States.
"Sec. 2. In the case of any alien described in section 1
of this Act who, prior to the effective date thereof, has
been lawfully admitted into the United States for perma-
nent residence, the Attorney General shall, upon applica-
tion, record his admission for permanent residence as of
the date the alien originally arrived in the United States
as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act, whichever
date is later.
"SEC. 3. Section 13 of the Act entitled "An Act to
amend the Immigration and Nationality Act, and for
other purposes", approved October 3, 1965 (Public Law
89-236), is amended by adding at the end thereof the 8 U.S.C. 1255.
following new subsection:
"(c) Nothing contained in subsection (b) of this section
FORD
shall be construed to affect the validity of any applica-
it
tion for adjustment under section 245 filed with the
would have been valid on that date; but as to all such
GERALD
VEHICLES
Attorney General prior to December 1, 1965, which
applications the statutes or parts of statutes repealed or
amended by this Act are, unless otherwise specifically
provided therein, continued in force and effect."
"SEC. 4. Except as otherwise specifically provided in
this Act, the definitions contained in section 101 (a) and 8 U.S.C. 1101.
84
IMMIGRATION AND NATIONALITY ACT
(b) of the Immigration and Nationality Act shall apply
in the administration of this Act. Nothing contained in
this Act shall be held to repeal, amend, alter, modify,
affect, or restrict the powers, duties, functions, or
authority of the Attorney General in the administration
and enforcement of the Immigration and Nationality
Act or any other law relating to immigration, nationality,
or naturalization." See Appendix for Act of October 3,
1965 (79 Stat. 911).]
RESCISSION OF ADJUSTMENT OF STATUS
8 U.S.C. 1256.
SEC. 246. (a) If, at any time within five years after
the status of a person has been adjusted under the pro-
visions of section 244 of this Act or under section 19(c)
of the Immigration Act of February 5, 1917, to that of
an alien lawfully admitted for permanent residence, it
shall appear to the satisfaction of the Attorney General
that the person was not in fact eligible for such ad-
justment of status, the Attorney General shall submit
to the Congress a complete and detailed statement of the
facts and pertinent provisions of law in the case. Such
reports shall be submitted on the first and fifteenth day
of each calendar month in which Congress is in session.
If during the session of the Congress at which a case is
reported, or prior to the close of the session of the Con-
gress next following the session at which a case is re-
ported, the Congress passes a concurrent resolution
withdrawing suspension of deportation, the person shall
thereupon be subject to all provisions of this Act to the
same extent as if the justment of status had not been
made. If, at any time within five years after the status
of a person has been otherwise adjusted under the pro-
visions of section 245 or 249 of this Act or any other
provision of law to that of an alien lawfully admitted
for permanent residence, it shall appear to the satisfac-
tion of the Attorney General that the person was not
in fact eligible for such adjustment of status, the At-
torney General shall rescind the action taken granting
an adjustment of status to such person and cancelling
deportation in the case of such person if that occurred
and the person shall thereupon be subject to all pro-
visions of this Act to the same extent as if the adjust-
ment of status had not been made.
(b) Any person who has become a naturalized citizen
of the United States upon the basis of a record of a
lawful admission for permanent residence, created as a
result of an adjustment of status for which such person
was not in fact eligible, and which is subsequently
rescinded under subsection (a) of this section, shall be
subject to the provisions of section 340 of this Act as
a person whose naturalization was procured by conceal-
ment of a material fact or by willful misrepresentation.
IMMIGRATION AND NATIONALITY ACT
83
not favor the adjustment of status of such alien, the At-
torney General shall thereupon require the departure of
such alien in the manner provided by law. If neither
the Senate nor the House of Representatives passes such
a resolution ithin the time above specified the Secretary
of State shall, if the alien was classifiable as a quota
immigrant at the time of his entry, reduce by one the
quota of the quota area to which the alien is chargeable
under section 202 of the Immigration and Nationality
Act for the fiscal year then current or the next following
year in which a odota is available. No quota shall be so
reduced by more than 50 per centum in any fiscal year.
"(d) The number of aliens who may be granted the
status of aliens lawfully admitted for permanent residence
in any fiscal year, pursuant to this section, shall not
exceed fifty.]
[Note 10. The Act of November 2, 1966 (P. L. 89-732, 80
Stat. 1161) authorizes adjustment of status of Cuban refugees
to that of lawful permanent residents of the United States.
The Act provides:
"That, notwithstanding the provisions of section 245(c)
of the Immigration and Nationality Act, the status of
any alien who is a native or citizen of Cuba and who has
been inspected and admitted or paroled into the United 8 U.S.C.
1255.
States subsequent to January 1, 1959 and has been
physically present in the United States for at least two
years, may be adjusted by the Attorney General, in his
discretion and under such regulations as he may prescribe,
to that of an alien lawfully admitted for permanent
residence if the alien makes an application for such
adjustment, and the alien is eligible to receive an immi-
grant visa and is admissible to the United States for
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Attorney General shall
create a record of the alien's admission for permanent
residence as of a date thirty months prior to the filing
of such an application or the date of his last arrival into
the United States, whichever date is later. The provisions
of this Act shall be applicable to the spouse and child
of any alien described in this subsection, regardless of
their citizenship and place of birth, who are residing
with such alien in the United States.
"SEC. 2. In the case of any alien described in section 1
of this Act who, prior to the effective date thereof, has
been lawfully admitted into the United States for perma-
nent residence, the Attorney General shall, upon applica-
tion, record his admission for permanent residence as of
the date the alien originally arrived in the United States
as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act, whichever
date is later.
"Sec. 3. Section 13 of the Act entitled "An Act to
amend the Immigration and Nationality Act, and for
other purposes", approved October 3, 1965 (Public Law
89-236), is amended by adding at the end thereof the 8 U.S.C. 1255.
following new subsection:
"(c) Nothing contained in subsection (b) of this section
shall be construed to affect the validity of any applica-
tion for adjustment under section 245 filed with the
Attorney General prior to December 1, 1965, which
would have been valid on that date; but as to all such
GERALD P. FORD
applications the statutes or parts of statutes repealed or
amended by this Act are, unless otherwise specifically
provided therein, continued in force and effect."
"SEC. 4. Except as otherwise specifically provided in
this Act, the definitions contained in section 101 (a) and 8 U.S.C. 1101.
84
IMMIGRATION AND NATIONALITY ACT
(b) of the Immigration and Nationality Act shall apply
in the administration of this Act. Nothing contained in
this Act shall be held tó repeal, amend, alter, modify,
affect, or restrict the powers, duties, functions, or
authority of the Attorney General in the administration
and enforcement of the Immigration and Nationality
Act or any other law relating to immigration, nationality,
"or naturalization." See Appendix for Act of October 3,
1965 (79 Stat. 911).]
RESCISSION OF ADJUSTMENT OF STATUS
8 U.S.C. 1256.
SEC. 246. (a) If, at any time within five years after
the status of a person has been adjusted under the pro-
visions of section 244 of this Act or under section 19(c)
of the Immigration Act of February 5, 1917 to that of
an alien lawfully admitted for permanent residence, it
shall appear to the satisfaction of the Attorney General
that the person was not in fact eligible for such ad-
justment of status, the Attorney General shall submit
to the Congress a complete and detailed statement of the
facts and pertinent provisions of law in the case. Such
reports shall be submitted on the first and fifteenth day
of each calendar month in which Congress is in session.
If during the session of the Congress at which a case is
reported, or prior to the close of the session of the Con-
gress next following the session at which a case is re-
ported, the Congress passes a concurrent resolution
withdrawing suspension of deportation, the person shall
thereupon be subject to all provisions of this Act to the
same extent as if the adjustment of status had not been
made. If, at any time within five years after the status
of a person has been otherwise adjusted under the pro-
visions of section 245 or 249 of this Act or any other
provision of law to that of an alien lawfully admitted
for permanent residence, it shall appear to the satisfac-
tion of the Attorney General that the person was not
in fact eligible for such adjustment of status, the At-
torney General shall rescind the action taken granting
an adjustment of status to such person and cancelling
deportation in the case of such person if that occurred
and the person shall thereupon be subject to all pro-
visions of this Act to the same extent as if the adjust-
ment of status had not been made.
(b) Any person who has become a naturalized citizen
of the United States upon the basis of a record of a
lawful admission for permanent residence, created as a
result of an adjustment of status for which such person
was not in fact eligible, and which is subsequently
rescinded under subsection (a) of this section, shall be
subject to the provisions of section 340 of this Act as
a person whose naturalization was procured by conceal-
ment of a material fact or by willful misrepresentation.
IMMIGRATION AND NATIONALITY ACT
83
not favor the adjustment of status of such alien, the At-
torney General shall thereupon require the departure of
such alien in the manner provided by law. If neither
the Senate nor the House of Representatives passes such
a resolution within the time above specified the Secretary
of State shall, if the alien was classifiable as a quota
immigrant at the time of his entry, reduce by one the
quota of the quota area to which the alien is chargeable
under section 202 of the Immigration and Nationality
Act for the fiscal year then current or the next following
year in which a quota is available. No quota shall be so
reduced by more than 50 per centum in any fiscal year.
"(d) The number of aliens who may be granted 'the
status of aliens lawfully admitted for permanent residence
in any fiscal year, pursuant to this section, not
exceed fifty.]
[Note 10. The Act of November 2, 1966 (P. L. 89-732, 80
Stat. 1161) authorizes adjustment of status of Cuban refugees
to that of lawful permanent residents of the United States.
The Act provides:
"That, notwithstanding the provisions of section 245(c)
of the Immigration and Nationality Act, the status of
any alien who is a native or citizen of Cuba and who has
been inspected and admitted or paroled into the United 8 U.S.C.
1255.
States subsequent to January 1, 1959 and has been
physically present in the United States for at least two
years, may be adjusted by the Attorney General, in his
discretion and under such regulations as he may prescribe,
to that of an alien lawfully admitted for permanent
residence if the alien makes an application for such
adjustment, and the alien is eligible to receive an immi-
grant visa and is admissible to the United States for
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Attorney General shall
create a record of the alien's admission for permanent
residence as of a date thirty months prior to the filing
of such an application or the date of his last arrival into
the United States, whichever date is later. The provisions
of this Act shall be applicable to the spouse and child
of any alien described in this subsection, regardless of
their citizenship and place of birth, who are residing
with such alien in the United States.
"SEC. 2. In the case of any alien described in section 1
of this Act who, prior to the effective date thereof, has
been lawfully admitted into the United States for perma-
nent residence, the Attorney General shall, upon applica-
tion, record his admission for permanent residence as of
the date the alien originally arrived in the United States
as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act, whichever
date is later.
"SEC. 3. Section 13 of the Act entitled "An Act to
amend the Immigration and Nationality Act, and for
other purposes", approved October 3, 1965 (Public Law
89-236), is amended by adding at the end thereof the 8 U.S.C. 1255.
following new subsection:
"(c) Nothing contained in subsection (b) of this section
shall be construed to affect the validity of any applica-
tion for adjustment under section 245 filed with the
Attorney General prior to December 1, 1965, which
would have been valid on that date; but as to all such
GERALD LISAARY R FORD
applications the statutes or parts of statutes repealed or
amended by this Act are, unless otherwise specifically
provided therein, continued in force and effect."
"SEC. 4. Except as otherwise specifically provided in
this Act, the definitions contained in section 101 (a) and 8 U.S.C. 1101.
84
IMMIGRATION AND NATIONALITY ACT
(b) of the Immigration and Nationality Act shall apply
in the administration of this Act. Nothing contained in
this Act shall be held tó repeal, amend, alter, modify,
affect, or restrict the powers, duties, functions, or
authority of the Attorney General in the administration
and enforcement of the Immigration and Nationality
Act or any other law relating to immigration, nationality,
or naturalization." See Appendix for Act of October 3,
1965 (79 Stat. 911).]
RESCISSION OF ADJUSTMENT OF STATUS
8 U.S.C. 1256.
SEC. 246. (a) If, at any time within five years after
the status of a person has been adjusted under the pro-
visions of section 244 of this Act or under section 19(c)
of the Immigration Act of February 5, 1917, to that of
an alien lawfully admitted for permanent residence, it
shall appear to the satisfaction of the Attorney General
that the person was not in fact eligible for such ad-
justment of status, the Attorney General shall submit
to the Congress a complete and detailed statement of the
facts and pertinent provisions of law in the case. Such
reports shall be submitted on the first and fifteenth day
of each calendar month in which Congress is in session.
If during the session of the Congress at which a case is
reported, or prior to the close of the session of the Con-
gress next following the session at which a case is re-
ported, the Congress passes a concurrent resolution
withdrawing suspension of deportation, the person shall
thereupon be subject to all provisions of this Act to the
same extent as if the adjustment of status had not been
made. If, at any time within five years after the status
of a person has been otherwise adjusted under the pro-
visions of section 245 or 249 of this Act or any other
provision of law to that of an alien lawfully admitted
for permanent residence it shall appear to the satisfac-
tion of the Attorney General that the person was not
in fact eligible for such adjustment of status, the At-
torney General shall rescind the action taken granting
an adjustment of status to such person and cancelling
deportation in the case of such person if that occurred
and the person shall thereupon be subject to all pro-
visions of this Act to the same extent as if the adjust-
ment of status had not been made.
(b) Any person who has become a naturalized citizen
of the United States upon the basis of a record of a
lawful admission for permanent residence, created as a
result of an adjustment of status for which such person
was not in fact eligible, and which is subsequently
rescinded under subsection (a) of this section, shall be
subject to the provisions of section 340 of this Act as
a person whose naturalization was procured by conceal-
ment of a material fact or by willful misrepresentation.
IMMIGRATION AND NATIONALITY ACT
83
not favor the adjustment of status of such alien, the At-
torney General shall thereupon require the departure of
such alien in the manner provided by law. If neither
the Senate nor the House of Representatives passes such
a resolution within the time above specified the Secretary
of State shall, if the alien was classifiable as a quota
immigrant at the time of his entry, reduce by one the
quota of the quota area to which the alien is chargeable
under section 202 of the Immigration and Nationality
Act for the fiscal year then current or the next following
year in which a quota is available. No quota shall be so
reduced by more than 50 per centum in any fiscal year.
"(d) The number of aliens who may be granted the
status of aliens lawfully admitted for permanent residence
in any fiscal year, pursuant to this section, shall not
exceed fifty.]
[Note 10. The Act of November 2, 1966 (P. L. 89-732, 80
Stat. 1161) authorizes adjustment of status of Cuban refugees
to that of lawful permanent residents of the United States.
The Act provides:
"That, notwithstanding the provisions of section 245(c)
of the Immigration and Nationality Act, the status of
any alien who is a native or citizen of Cuba and who has
been inspected and admitted or paroled into the United 8 U.S.C. 1255.
States subsequent to January 1, 1959 and has been
physically present in the United States for at least two
years, may be adjusted by the Attorney General, in his
discretion and under such regulations as he may prescribe,
to that of an alien lawfully admitted for permanent
residence if the alien makes an application for such
adjustment, and the alien is eligible to receive an immi-
grant visa and is admissible to the United States for
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Attorney General shall
create a record of the alien's admission for permanent
residence as of a date thirty months prior to the filing
of such an application or the date of his last arrival into
the United States, whichever date is later. The provisions
of this Act shall be applicable to the spouse and child
of any alien described in this subsection, regardless of
their citizenship and place of birth, who are residing
with such alien in the United States.
"SEC. 2. In the case of any alien described in section 1
of this Act who, prior to the effective date thereof, has
been lawfully admitted into the United States for perma-
nent residence, the Attorney General shall, upon applica-
tion, record his admission for permanent residence as of
the date the alien originally arrived in the United States
as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act, whichever
date is later.
"SEC. 3. Section 13 of the Act entitled "An Act to
amend the Immigration and Nationality Act, and for
other purposes", approved October 3, 1965 (Public Law
89-236), is amended by adding at the end thereof the 8 U.S.C. 1255.
following new subsection:
"(c) Nothing contained in subsection (b) of this section
shall be construed to affect the validity of any applica-
tion for adjustment under section 245 filed with the
Attorney General prior to December 1, 1965, which
would have been valid on that date; but as to all such
applications the statutes or parts of statutes repealed or
GERALD FORD LIBRARY
amended by this Act are, unless otherwise specifically
provided therein, continued in force and effect."
"SEC. 4. Except as otherwise specifically provided in
this Act, the definitions contained in section 101 (a) and 8 U.S.C. 1101.
84
IMMIGRATION AND NATIONALITY ACT
(b) of the Immigration and Nationality Act shall apply
in the administration of this Act. Nothing contained in
this Act shall be held tó repeal, amend, alter, modify,
affect, or restrict the powers, duties, functions, or
authority of the Attorney General in the administration
and enforcement of the Immigration and Nationality
Act or any other law relating to immigration, nationality,
or naturalization." See Appendix for Act of October 3,
1965 (79 Stat. 911).]
RESCISSION OF ADJUSTMENT OF STATUS
8 U.S.C. 1256.
SEC. 246. (a) If, at any time within five years after
the status of a person has been adjusted under the pro-
visions of section 244 of this Act or under section 19(c)
of the Immigration Act of February 5, 1917, to that of
an alien lawfully admitted for permanent residence, it
shall appear to the satisfaction of the Attorney General
that the person was not in fact eligible for such ad-
justment of status, the Attorney General shall submit
to the Congress a complete and detailed statement of the
facts and pertinent provisions of law in the case. Such
reports shall be submitted on the first and fifteenth day
of each calendar month in which Congress is in session.
If during the session of the Congress at which a case is
reported, or prior to the close of the session of the Con-
gress next following the session at which a case is re-
ported, the Congress passes a concurrent resolution
withdrawing suspension of deportation, the person shall
thereupon be subject to all provisions of this Act to the
same extent as if the adjustment of status had not been
made. If, at any time within five years after the status
of a person has been otherwise adjusted under the pro-
visions of section 245 or 249 of this Act or any other
provision of law to that of an alien lawfully admitted
for permanent residence, it shall appear to the satisfac-
tion of the Attorney General that the person was not
in fact eligible for such adjustment of status, the At-
torney General shall rescind the action taken granting
an adjustment of status to such person and cancelling
deportation in the case of such person if that occurred
and the person shall thereupon be subject to all pro-
visions of this Act to the same extent as if the adjust-
ment of status had not been made.
(b) Any person who has become a naturalized citizen
of the United States upon the basis of a record\ of a
lawful admission for permanent residence, created as a
result of an adjustment of status for which such person
was not in fact eligible, and which is subsequen ly
rescinded under subsection (a) of this section, shall be
subject to the provisions of section 340 of this Act as
a person whose naturalization was procured by conceal-
ment of a material fact or by willful misrepresentation.
IMMIGRATION AND NATIONALITY ACT
83
not favor the adjustment of status of such alien, the At-
torney General shall thereupon require the departure of
such alien in the manner provided by law. If neither
the Senate nor the House of Representatives passes such
a resolution within the time above pecified the Secretary
of State shall, if the alien was classifiable as a quota
immigrant at the time of his entry, reduce by one the
quota of the quota area to which the alien is chargeable
under section 202 of the Immigration and Nationality
Act for the fiscal year then current or the next following
year in which a quota is available. No quota shall be so
reduced by more than 50 per sentum in any fiscal year.
"(d) The number of aliens who may be granted the
status of aliens lawfully admitted for permanent residence
in any fiscal year, pursuant to this section, shall not
exceed fifty.]
[Note 10. The Act of November 2, 1966 (P. L. 89-732, 80
Stat. 1161) authorizes adjustment of status of Cuban refugees
to that of lawful permanent residents of the United States.
The Act provides:
"That, notwithstanding the provisions of section 245(c)
of the Immigration and Nationality Act, the status of
any alien who is a native or citizen of Cuba and who has
been inspected and admitted or paroled into the United 8 U.S.C. 1255.
States subsequent to January 1, 1959 and has been
physically present in the United States for at least two
years, may be adjusted by the Attorney General, in his
discretion and under such regulations as he may prescribe,
to that of an alien lawfully admitted for permanent
residence if the alien makes an application for such
adjustment, and the alien is eligible to receive an imini-
grant visa and is admissible to the United States for
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Attorney General shall
create a record of the alien's admission for permanent
residence as of a date thirty months prior to the filing
of such an application or the date of his last arrival into
the United States, whichever date is later. The provisions
of this Act shall be applicable to the spouse and child
of any alien described in this subsection, regardless of
their citizenship and place of birth, who are residing
with such alien in the United States.
"SEC. 2. In the case of any alien described in section 1
of this Act who, prior to the effective date thereof, has
been lawfully admitted into the United States for perma-
nent residence, the Attorney General shall, upon applica-
tion, record his admission for permanent residence as of
the date the alien originally arrived in the United States
as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act, whichever
date is later.
"Sec. 3. Section 13 of the Act entitled "An Act to
amend the Immigration and Nationality Act, and for
other purposes", approved October 3, 1965 (Public Law
89-236), is amended by adding at the end thereof the
following new subsection:
"(c) Nothing contained in subsection (b) of this section
shall be construed to affect the validity of any applica-
8 U.S.C. GREAT 1255.
tion for adjustment under section 245 filed with the
Attorney General prior to December 1, 1965, which
would have been valid on that date; but as to all such
applications the statutes or parts of statutes repealed or
amended by this Act are, unless otherwise specifically
provided therein, continued in force and effect."
"SEC. 4. Except as otherwise specifically provided in
this Act, the definitions contained in section 101 (a) and 8 U.S.C. 1101.
84
IMMIGRATION AND NATIONALITY ACT
(b) of the Immigration and Nationality Act shall apply
in the administration of this Act. Nothing contained in
this Act shall be held tó repeal, amend, alter, modify,
affect, or restrict the powers, duties, functions, or
authority of the Attorney General in the administration
and enforcement of the Immigration and Nationality
Act or any other law relating to immigration, nationality,
or naturalization." See Appendix for Act of October 3,
1965 (79 Stat. 911).]
RESCISSION OF ADJUSTMENT OF STATUS
8 U.S.C. 1256.
SEC. 246. (a) If, at any time within five years after
the status of a person has been adjusted under the pro-
visions of section 244 of this Act or under section 19(c)
of the Immigration Act of February 5, 1917, to that of
an alien lawfully admitted for permanent residence, it
shall appear to the satisfaction of the Attorney General
that the person was not in fact eligible for such ad-
justment of status, the Attorney General shall submit
to the Congress a complete and detailed statement of the
facts and pertinent provisions of law in the case. Such
reports shall be submitted on the first and fifteenth day
of each calendar month in which Congress is in session.
If during the session of the Congress at which a case is
reported, or prior to the close of the session of the Con-
gress next following the session at which a case is re-
ported, the Congress passes 8 concurrent resolution
withdrawing suspension of deportation, the person shall
thereupon be subject to all provisions of this Act to the
same extent as if the adjustment of status had not been
made. If, at any time within five years after the status
of a person has been otherwise adjusted under the pro-
visions of section 245 or 249 of this Act or any other
provision of law to that of an alien lawfully admitted
for permanent residence, it shall appear to the satisfac-
tion of the Attorney General that the person was not
in fact eligible for such adjustment of status, the At-
torney General shall rescind the action taken granting
an adjustment of status to such person and cancelling
deportation in the case of such person if that occurred
and the person shall thereupon be subject to all pro-
visions of this Act to the same extent as if the adjust-
ment of status had not been made.
(b) Any person who has become a naturalized citizen
of the United States upon the basis of a record of a
lawful admission for permanent residence, created as a
result of an adjustment of status for which such person
was not in fact eligible, and which is subsequently
rescinded under subsection (a) of this section shall be
subject to the provisions of section 340 of this Act as
a person whose naturalization was procured by conceal-
ment of a material fact or by willful misrepresentation.
TO
: Benton L. Becker
January 12, 1976
FROM : Louis P. Maniatis
SUBJECT: Cuban Refugees
Concerning the inquiries made as to the Cuban
Refugee situation, I will attempt to set out the
procedure required under the special act passed by
Congress. (Act of November 2, 1966 P.L. 89-732,80
Stat 1161) Copies attached.
1. After a Cuban refugee has been paroled
into the United States, and has been
physically present in this country for
at least two years, he may apply to the
Attorney General (Immigration and
Naturelization Service) for adjustment
of status. The alien must make such
application.
2. When such an application is made, and the
Department of State has allocated a visa
number to such applicant (this is a prime
requisite), such alien can then be adjusted
to a permanent resident alien. After such
adjustment, the Attorney General (Immi-
gration and Naturalization Service) will
register a record of admission upon appli-
cation. The normal waiting period of
five years following adjustment of status
to become naturalized is reduced, under
this special act, to thirty months or two
and one half years, before the alien can
apply for naturalization. The act pro-
vides the method of computing this time.
3. The special Cuban act is subject to the
annual numerical limitation of 120,000
of the Western Hemisphere. The present
GERALD LEGRANT FORD
status of immigrants from the Western
Hemisphere, an indicated January 1976
Bulleting of the United States Depart-
ment of State, Bureau of Security and
Consular Affairs Number 97, Volume II,
states that numbers allocated for
December Jannary issuance under the Western
Hemisphere limitation were for appli-
cants with priority dates earlier than
August 15, 1973. (An almost three year
waiting period).
Note: I do not know what priority
is given the Cuban refugees (parolees)
by the State Department in the issuance
of visas. This could be inquired or
looked into. (It is my understanding
that State takes each visa on a first
come, first served basis, thus plac-
ing complications in Cuban securing
visas).
4. In my opinion no Executive Order is required,
or even necessary. The Administration or
mechanics of processing applications can
be expedited either by the Attorney General
or the Commissioner of the Immigration and
Naturalization Service. This is not the
problem. The stumbling block is how and
with what priority the State Department
allocates visas to the Cuban parolees
(refugees).
5. There are two bills presently pending in
the Congress, which will remove the 120,000
limitation applying to immigrants from
the Western Hemisphere. H.R. 8195 removes
the distinction between the Eastern and
Western Hemispheres and allows a total of
300,000 for the Western Hemisphere. This
bill has the endorsement of the Immi-
gration and Naturalization. The second,
- 2 -
GERALD LIBRARY R FORD
H.R. 1014 is a more complicated Mll.
The President could offer his support
of H.R. 8195.
The President could well point out in his State of
the Union Message that he is in favor of such a bill
receiving favorable consideration by the Congress. The
Congress, apparently because of the illegal influx of
many from the Western Hemisphere, by the Act of
October 3, 1965 set a limitation of 120,000. This is
unrealistic for several reasons. (1) It proliferated
the influx of hundreds of thousands illegal aliens,
(2) It has created an atmosphere of hostility toward
the United States by the several nations in the Western
Hemisphere, thus adding to their "beefs" against the
"Big Brother from the North," (3) This bill will, to
a great extent, stop this daily illegal flow into the
United States. The great majority of illegals sincerely
wish to immigrate legally into this country and become
part and parcel of its fiber. Instead of creating a
situation where they illegally work here at substandard
wages, it will raise the level and standard of living
so that it will strengthen, rather than weaken, working
conditions. This would also affect the high unemployment
presently prevailing, because the immigrant alien would
have to compete with the skill and knowledge of the
native worker, who is now unemployed, because the alien
is willing to accept any job at any salary.
In addition, this has the advantage that it does
not confine itself merely to the Cuban situation, which
could be construed as requesting preferential treatment,
but to all nations in the Western Hemisphere.
- 3 -
FORD A. LIGHARY GERALD
94TH CONGRESS
1ST SESSION
H.R. 1014
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 1975
Mr. ROYBAL introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to increase
immigration from Western Hemisphere nations.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That (a) section 101 (a) (27) of the Immigration and Na-
4 tionality Act (8 U.S.C. 1101 (a) (27)) is amended by
5 striking out subparagraph (A) and by redesignating sub-
6 paragraphs (B), (C), (D), and (E) as subparagraphs
7 (A), (B), (C), and (D), respectively.
8
(b) Section 245 of such Act (8 U.S.C. 1255) is
GERALD LIBRARY R. FORD
9 amended by striking out subsection (c).
10
(c) Section 360 of such Act (8 U.S.C 1503) is
2
1 amended by adding at the end thereof the following new sub-
2 section:
3
"(d) The Attorney General shall issue to any person
4 who has instituted an action under subsection (a) written
5 authorization for such person to accept or continue employ-
6 ment in the United States pending judgment by the court
7 pursuant to subsection (a)
8
SEC. 2. (a) Section 211 (b) of the Immigration and
9 Nationality Act (8 U.S.C. 1181 (b) ) is amended by striking
I
10 out "section 101 (a) (27) (B)" and inserting in lieu thereof
11 "section 101 (a) (27) (A)".
12
(b) Section 212 (a) (14) of such Act (8 U.S.C.
13 1182 (a) (14)) is amended by striking out "to special
14 immigrants defined in section 101 (a) (27) (A) (other than
15 the parents, spouses, or children of United States citizens
16 or of aliens lawfully admitted to the United States for perma-
17 nent residence),".
18
(c) Section 241 (a) (10) of such Act (8 U.S.C. 1251
19 (a) (10) ) is amended by striking out "other than an alien
20 who is a native-born citizen of any of the countries enumer-
21 ated in section 101 (a) (27) (A) and an alien described in
22 section 101 (a) (27) (B)" and inserting in lieu thereof
23 "other than an alien described in section 101 (a) (27) (A)
LIBRARY
24
(d) Section 244 (d) of such Act (8 U.S.C. 1254 (d))
3
1 is amended by striking out "is entitled to a special immigrant
2 classification under section 101 (a) (27) (A), or".
3
(e) Section 349 (a) (1) of such Act (8 U.S.C. 1481
4 (a) (1)) is amended by striking out "section 101 (a) (27)
5 (E)" and inserting in lieu thereof "section 101 (a) (27)
6 (D)".
7
SEC. 3. The amendments made by this Act shall take
8 effect - days after the date of its enactment.
GERALD LIBRARY R FORD
TO
: Benton L. Becker
January 12, 1976
FROM : Louis P. Maniatis
SUBJECT: Cuban Refugees
Concerning the inquiries made as to the Cuban
Refugee situation, I will attempt to set out the
procedure required under the special act passed by
Congress. (Act of November 2, 1966 P.L. 89-732,80
Stat 1161) Copies attached.
1. After a Cuban refugee has been paroled
into the United States, and has been
physically present in this country for
at least two years, he may apply to the
Attorney General (Immigration and
Naturalization Service) for adjustment
of status. The alien must make such
application.
2. When such an application is made, and the
Department of State has allecated a visa
number to such applicant (this is a prime
requisite), such alien can then be adjusted
to a permanent resident alien. After such
adjustment, the Attorney General (Immi-
gration and Naturalization Service) will
register a record of admission upon appli-
cation. The normal waiting period of
five years fellowing adjustment of status
to become naturalized is reduced, under
this special act, to thirty months or two
and one half years, before the alien can
apply for naturalization. The act pro-
vides the method of computing this time.
3. The special Cuban act is subject to the
annual numerical limitation of 120,000
of the Western Hemisphere. The present
FORD A LIBRARY
status of immigrants from the Western
Hemisphere, an indicated January 1976
Bulleting of the United States Depart-
ment of State, Bureau of Security and
Consular Affairs Number 97, Volume II,
states that numbers allocated for
Desember sanving issuance under the Western
Hemisphere limitation were for appli-
cants with prierity dates earlier than
August 15, 1973. (An almost three year
waiting period).
Note: I do not know what priority
is given the Cuban refugees (parelees)
by the State Department in the issuance
of visas. This could be inquired or
looked into. (It is my understanding
that State takes each visa on a first
come, first served basis, thus plac-
ing complications in Cuban securing
visas).
4. In my opinion no Executive Order is required,
or even necessary. The Administration or
mechanics of precessing applications can
be expedited either by the Attorney General
or the Commissioner of the Immigration and
Naturalisation Service. This is not the
problem. The stumbling block is how and
with what priority the State Department
allocates visas to the Cuban parolees
(refugees).
5. There are two bills presently pending in
the Congress, which will remove the 120,000
limitation applying to immigrants from
the Western Hemisphere. H.R. 8195 removes
the distinction between the Eastern and
Western Hemispheres and allows a total of
300,000 for the Western Hemisphere. This
bill has the endorsement of the Immi-
gration and Naturalization. The second,
- 2 -
FORD a. LIBRARY GERALD
H.R. 1014 is a more complicated bill.
The President could offer his support
of H.R. 8195.
The President could well point out in his State of
the Union Message that he is in favor of such a bill
receiving favorable consideration by the Congress. The
Congress, apparently because of the illegal influx of
many from the Western Hemisphere, by the Act of
October 3, 1965 set a limitation of 120,000. This is
unrealistic for several reasons. (1) It proliferated
the influx of hundreds of thousands illegal aliens,
(2) It has created an atmosphere of hostility toward
the United States by the several nations in the Western
Hemisphere, thus adding to their "beefs" against the
"Big Brother from the North," (3) This bill will, to
a great extent, step this daily illegal flow into the
United States. The great majority of illegals sincerely
wish to immigrate legally into this country and become
part and parcel of its fiber. Instead of creating a
situation where they illegally work here at substandard
wages, it will raise the level and standard of living
so that it will strengthen, rather than weaken, working
conditions. This would also affect the high unemployment
presently prevailing, because the immigrant alien would
have to compete with the skill and knowledge of the
native worker, who is now unemployed, because the alien
is willing to accept any job at any salary.
In addition, this has the advantage that it does
not confine itself merely to the Cuban situation, which
could be construed as requesting preferential treatment,
but to all nations in the Western Hemisphere.
. 3 -
FORDO GERALD LIBRARY
TO
: Benton L. Becker
January 12, 1976
FROM : Louis P. Maniatis
SUBJECT: Cuban Refugees
Concerning the inquiries made as to the Cuban
Refugee situation, I will attempt to set out the
procedure required under the special act passed by
Congress. (Act of November 2, 1966 P.L. 89-732,80
Stat 1161) Copies attached.
1. After a Cuban refugee has been peroled
into the United States, and has been
physically present in this country for
at least two years, he may apply to the
Attorney General (Immigration and
Naturalization Service) for adjustment
of status. The alien must make such
application.
2. When such an application is made, and the
Department of State has allocated a visa
number to such applicant (this is a prime
requisite), such alien can then be adjusted
to a permanent resident alien. After such
adjustment, the Attorney General (Immi-
gration and Naturalization Service) will
register a record of admission upon appli-
cation. The normal waiting period of
five years following adjustment of status
to become naturalized is reduced, under
this special act, to thirty months or two
and one half years, before the alien can
apply for naturalization. The act pro-
vides the method of computing this time.
3
The special Cuban pet is subject to the
annual numerical limitation of 120,000
of the Western Hemisphere. The present
GERALD FORD LIBRARK
status of immigrants from the Western
Hemisphere, an indicated January 1976
Bulleting of the United States Depart-
ment of State, Bureau of Security and
Consular Affairs Number 97, Volume II,
states that numbers allocated for
December issuance under the Western
Hemisphere limitation were for appli-
cants with priority dates earlier than
August 15, 1973. (An almost three year
waiting period).
Note: I do not know what priority
is given the Cuban refugees (parolees)
by the State Department in the issuance
of visas. This could be inquired or
looked into. (It is my understanding
that State takes each visa on a first
come, first served basis, thus plac-
ing complications in Cuban securing
visas).
4. In my opinion no Executive Order is required,
or even necessary. The Administration or
mechanics of processing applications can
be expedited either by the Attorney General
or the Commissioner of the Immigration and
Naturalization Service. This is not the
problem. The stumbling block is how and
with what priority the State Department
allocates visas to the Cuban parolees
(refugees).
5. There are two bills presently pending in
the Congress, which will remove the 120,000
limitation applying to immigrants from
the Western Homisphere. H.R. 8195 removes
the distinction between the Eastern and
Western Hemispheres and allows a total of
300,000 for the Western Hemisphere. This
bill has the endorsement of the Immi-
gration and Naturalization. The second,
- 2 -
GERALD FORD LIBRATOR
H.R. 1014 is a more complicated bill.
The President could offer his support
of H.R. 8195.
The President could well point out in his State of
the Union Message that he is in favor of such a bill
receiving favorable consideration by the Congress. The
Congress, apparently because of the illegal influx of
many from the Western Hemisphere, by the Act of
October 3, 1965 set a limitation of 120,000. This is
unrealistic for several reasons. (1) It proliferated
the influx of hundreds of thousands illegal aliens,
(2) It has created an atmosphere of hostility toward
the United States by the several nations in the Western
Nemisphere, thus adding to their "beefs" against the
"Big Brother from the North," (3) This bill will, to
a great extent, stop this daily illegal flow into the
United States. The great majority of illegals sincerely
wish to immigrate legally into this country and become
part and parcel of its fiber. Instead of creating a
situation where they illegally work here at substandard
wages, it will raise the level and standard of living
so that it will strengthen, rather than weaken, working
conditions. This would also affect the high unemployment
presently prevailing, because the immigrant alien would
have to compete with the skill and knowledge of the
native worker, who is now unemployed, because the alien
is willing to accept any job at any salary.
In addition, this has the advantage that it does
not cenfine itself marely to the Cuban situation, which
could be construed as requesting preferential treatment,
but to all nations in the Western Hemisphere.
- 3 -
GERALD
TO
: Benton L. Becker
January 12, 1976
FROM : Louis P. Maniatis
SUBJECT: Cuban Refugees
Concerning the inquiries made as to the Cuban
Refuges situation, I will attempt to set out the
procedure required under the special act passed by
Congress. (Act of November 2, 1966 P.L. 89-732,80
Stat 1161) Copies attached.
1. After a Cuban refugee has been paroled
into the United States, and has been
physically present in this country for
at least two years, he may apply to the
Attorney General (Immigration and
Naturalization Service) for adjustment
of status. The alien must make such
application.
2. When such an application is made, and the
Department of State has allocated a visa
number to such applicant (this is a prime
requisite), such alien can then be adjusted
to a permanent resident alien. After such
adjustment, the Attorney General (Immi-
gration and Naturalization Service) will
register a record of admission upon appli-
cation. The normal waiting period of
five years following adjustment of status
to become naturalized is reduced, under
this special act, to thirty months or two
and one half years, before the alien can
apply for naturalization. The act pro-
vides the method of computing this time.
3. The special Cuban act is subject to the
annual mumerical limitation of 120,000
of the Western Hemisphere. The present
GERALD Fenu
status of immigrants from the Western
Hemisphere, an indicated January 1976
Bulleting of the United States Depart-
ment of State, Bureau of Security and
Consular Affairs Number 97, Volume II,
states that numbers allocated for
Debander, issuance under the Western
Hemisphere limitation were for appli-
cants with priority dates earlier than
August 15, 1973. (An almost three year
waiting period).
Note: I do not know what priority
is given the Cuban refugees (pareless)
by the State Department in the issuance
of visas. This could be inquired or
looked into. (It is my understanding
that State takes each visa on a first
come, first served basis, thus plac-
ing complications in Cuban securing
visas).
4. In my opinion no Executive Order is required,
or even necessary. The Administration or
mechanics of processing applications can
be expedited either by the Attorney General
or the Commissioner of the Immigration and
Naturalization Service. This is not the
problem. The stumbling block is how and
with what priority the State Department
allocates visas to the Cuban parolees
(refugees).
5. There are two bills presently pending in
the Congress, which will remove the 120,000
limitation applying to immigrants from
the Western Hemisphere. H.R. 8195 removes
the distinction between the Eastern and
Western Hemispheres and allows a total of
300,000 for the Western Hemisphere. This
bill has the endorsement of the Immi-
gration and Naturalization. The second,
- 2 -
FOR GERALO LICHARY
H.R. 1014 is a more complicated bill.
The President could offer his support
of H.R. 8195.
The President could well point out in his State of
the Union Message that he is in favor of such a bill
receiving favorable consideration by the Congress. The
Congress, apparently because of the illegal influx of
many from the Western Hemisphere, by the Act of
October 3, 1965 set 8 limitation of 120,000. This is
unrealistic for several reasons. (1) It proliferated
the influx of hundreds of thousands illegal aliens,
(2) It has created an atmosphere of hostility toward
the United States by the several nations in the Western
Memisphere, thus adding to their "beefs" against the
"Big Brother from the North," (3) This bill will, to
a great extent, stop this daily illegal flow into the
United States. The great majority of illegals sincerely
wish to immigrate legally into this country and become
part and pareel of its fiber. Instead of creating a
situation where they illegally work here at substandard
wages, it will raise the level and standard of living
so that it will strengthen, rather than weaken, working
conditions. This would also affect the high unemployment
presently prevailing, because the immigrant alien would
have to compete with the skill and knowledge of the
native worker, who is now unemployed, because the alien
is willing to accept any job at any salary.
In addition, this has the advantage that it does
not confine itself merely to the Cuban situation, which
could be construed as requesting preferential treatment,
but to all nations in the Western Hemisphere.
a
FORD
- 3 -
GERALD
CRAMER, HABER & BECKER
ATTORNEYS AT LAW
WILLIAM C. CRAMER
475 L'ENFANT PLAZA, S. W.
CRAMER & MATTHEWS
RICHARD M. HABER
SUITE 4100
ONE BISCAYNE TOWER, SUITE 2628
BENTON L. BECKER
WASHINGTON, D. C. 20024
TWO BISCAYNE BOULEVARD, SOUTH
EDMUND PENDLETON
MIAMI, FLORIDA 33131
ANTHONY J. McMAHON
(202) 554.1100
(805) 858-0980
ARTHUR R. AMDUR
TELEX ITT 440048
BRADHAM, LYLE, SKIPPER & CRAMER
MICHAEL A. MILWEE
... FIRST AVENUE NORTH
ST. PETERSBURG, FLORIDA 33701
or COUNSEL
(813) 895-1991
CHARLES W. SANDMAN, JR.
F. LAWRENCE MATTHEWS
KENNETH MICHAEL ROBINSON
MEMORANDUM
TO:
Robert T. Hartmann
FROM: Benton L. Becker
BLD
DATE: January 19, 1976
RE:
CUBAN REFUGEES
By letter dated December 10, 1975, Mr. Jose Manuel
Casanova, Florida Chairman, Republican National Hisponic
Assembly, inquired of the President the reasons for, and
exploration of possible solutions to, the inordinate delay
Cuban refugees residing in the United States are subject
to before obtaining resident alien status and/or United States
citizenship.
By memorandum dated December 18, 1975, to you from
Gwen Anderson, Ms. Anderson recounts the opinion of the White
House staff regarding this matter, wherein Ms. Anderson
quoted a memorandum from Mr. Connor which stated:
"There was no way to accelerate the rate of
naturalization of Cuban refugees unless Congress
enacts additional legislation
"
At your direction, and working closely with
Ms. Anderson, I undertook to explore this matter further.
OERALO
MEMORANDUM
Page 2
Following my review of your limited office file on
the subject, I concluded that, with the exception of Ms. Ander-
son, the White House staff members offering opinions on this
subject did not fully grasp the problem propounded in the
Casanova letter and, as a result of same, their responses were
either too narrowly based or missed the point entirely. Accord-
ingly, I undertook to review the existing law, to interview
associates of mine employed at the Immigration and Naturaliza-
tion Service (INS) and to evaluate any pending legislation on
this subject.
As a result of that exercise, I have concluded that,
in fact, something indeed can be done.
To focus this matter in the proper light, the
following outline represents six steps that must occur before
a Cuban refugee becomes a United States citizen:
1) Parolee enters the United States.
Under the law, technically Cuban refugees are
referred to as parolees. They are allowed to
enter the United States without a visa.
2) The parolee must reside continuously in the
United States for a period of two years, in the
status of parolee.
Review of the Casanova letter and inquiry into
the further steps outlined herein leads me to
conclude, irrevocably, that this two-year
waiting period is not the inordinate delay
complained of by Mr. Casanova.
3) After residing in the United States for two
years, the parolee applies for an "adjustment
of status".
FORD R. GERALO LIBRARY
MEMORANDUM
Page 3
When this application is made, two federal agencies
interact with respect to the parolee's application.
They are the Department of State and the Justice
Department (INS). The State Department issues a
visa and INS issues a change of status from
"parolee" to "resident alien". By federal legis-
lation, INS is limited annually in its "award" of
resident alien status to Western Hemisphere aliens
in the amount of 120,000 per year.
4) When State and INS have acted, the parolee becomes
a "Resident Agent".
5) Assuming the time span between steps 1 and 4 has
been two and a half years or more, the resident
alien may immediately apply for citizenship.
As almost all of the White House staff memos point
out, this two-and-a-half-year period constitutes
a legislative exception to Cuban refugees, whereas
the normal waiting period for all other Western
Hemisphere aliens is five years (Act of November 2,
1966, P.L. 89-732, 80 STAT 1161).
6) The resident alien becomes a citizen.
In practice, the time frame between steps 3 and 4
may take as many as ten years. It is that bottleneck to which
Mr. Casanova justifiably complains.
A suggested method to alleviate this delay would be
to have the President direct the Secretary of State to
terminate the State Department's present practice of issuing
visas to refugees on a "first-come, first-served" basis. It
has been suggested that the State Department segregate from
its awaiting visa file those individuals of Cuban extraction
and to thereafter, on priority bases to Cubans, grant visas
ahead of other Western Hemisphere refugees, all of whom,
GERALD
MEMORANDUM
Page 4
unlike the Cubans, are immigrating from a non-Communistic
State. As a practical matter, once the visa is issued by
State, INS merely performs a ministerial function in granting
resident alien status.
Notwithstanding the temporary expeditious treatment
this would provide, the United States would still be limited
in the total amount of annual visas and/or resident agent
status it could grant to Western Hemisphere refugees to
120,000 annually. However, that too, can be readily resolved.
Currently pending in the Congress is H.R. 8195
(copy of the Bill attached) which, if passed into law,
would remove the 120,000 limitation applying to immigrants
from the Western Hemisphere. H.R. 8195 would remove the
distinction between the Eastern and Western Hemispheres and
allow a total of 300,000 visas and/or resident agent statuses
to be granted annually to the Western Hemisphere residents.
The Bill has been endorsed by the Attorney General and INS.
Proponents of the Bill maintain that its passage
would significantly reduce the proliferated influx of thou-
sands of illegal aliens into the United States. This would
be accomplished, quite simply, by providing the legislative
mechanism of increasing the number of available applications
and, thereby, decrease the necessity of illegal immigration.
The proponents further maintain that passage would
alleviate GEHALF FORD LIBRARY
MEMORANDUM
Page 5
U.S. hostility felt by Western Hemisphere aliens desirous
of immigrating to the U.S., but frustrated by the "closed
club" policy of our immigration laws.
does
H.R. 8195 is not restrict itself to Cuba, yet, if
passed into law and if the State Department procedure out-
lined in this memorandum was changed, the complaint voiced
by Mr. Casanova would be greatly mitigated. Preferential
State Department treatment to Cuban refugees may not be
fairly criticized, as a legislative precedent, for such
treatment already exists (two and a half V. five years,
referred to as step 5 herein).
As indicated earlier, the Administration could
suggest that its new State Department visa policy is humanly
motivated to encourage, where legally possible, the removal
of U.S. immigration restrictions for immigrants from
Communist States.
FORD
94TH CONGRESS
1ST SESSION
H.R.8195
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1975
Mr. BADILLO introduced the following bill; which was referred to the Com-
mittee on the Judiciary
or
A BILL
To amend the Immigration and Nationality Act to remove the
distinction between Eastern and Western Hemisphere im-
migrants, and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the /Immigration Equaliza-
4 tion Act of 1975"
5
SEC. 2. Section 201 (a) of the Immigration and Nil-
6 tionality Act is amended-
7
(1) by striking out in clause (i) of such subsee-
8
tion "45,000" and inserting in lieu thereof "75,000";
9
and
10
(2) by striking out in clause (ii) of such subsee-
11
tion "170,000" and inserting in lieu thereof "300,000"
I
GERA LIGHARY FORD
2
1
SEC. 3. (a) Section 101 (a) (27) of the Immigration
2 and Nationality Act is amended by. striking out subpara-
3 graph (1) thereof and renumbering subparagraphs (B),
4 (C), (D), and (E) as (A), (B), (C), and (D),
5 respectively.
6
(b) Section 211 (b) of the Immigration and Nationality
7 Act is amended by striking out "section 101 (a) (27) (B)
8 and inserting in lieu thereof "section 101 (a) (27) (A)
9
SEC. 4. Section 212 (a) of the Immigration and Na-
10 tionality Act is amended-
11
(1) by striking out in paragraph (11) "to special
12
immigrants as defined in section 101 (a) (27) (A)
13
(other than the parents, spouses, or children of United
14
States citizens or of aliens lawfully admitted to the
15
United States for permanent residence," ; and
16
(2) by striking out in paragraph (24) "section
17
101 (a) (27) (A) and (B)" and inserting in licu
18
thereof "section 101 (a) (27) (A)".
19
SEC. 5. Section 241 (a) (10) of the Immigration and
20 Nationality Act is amended by striking out (other than
21 an alien who is a native-born citizen of any of the countries
22 enumerated in section 101 (a) (27) (B) and inserting in
23 lieu thereof (other than an alien described in section
24 101 (a) (27) (1)".
LEBRARY
3
1
SEC. 6. Section 244 (d) of the Immigration and Nation-
2 ality Act is amended by striking out "is entitled to a special
3 immigrant classification under section 101 (a) (27) (A),
4 or".
5
Sec. 7. Section 245 (c) of the Immigration and Nation-
6 ality Act is repealed.
7
SEC. 8. Section 349 (a) (1) of the Immigration and
8 Nationality Act is amended by striking out "section 101 (a)
9 (27) (E) and inserting in lieu thereof "section 101 (a)
10 (27) (D)
11
SEC. 9. Section 21 (e) of the Act entitled "An Act to
12 amend the Immigration and Nationality Act, and for other
13 purposes", approved October 3, 1965, Public Law 89-236
14 (79 Stat. 921), is repealed.
15
SEC. 10. Each special immigrant, as that term was
16 defined in section 101 (a) (27) (A) of the Immigration and
17 Nationality Act immediately prior to the date of enactment
18 of this Act, who had a priority date as such an immigrant
19 immediately prior to such date of enactment, shall be allotted
20 a visa according to the most preferential class for which such
21 immigrant files a visa petition and to which he is entitled
22 under section 203 (a) of the Immigration and Nationality
23 Act. Upon according such class to that special immigrant,
24 the date of the filing of his visa petition shall be considered.
05 to be the priority date he had as such a special immigrant.
4
1
SEC. 11. Title I of the Immigration and Nationality Act
2 is amended by adding at the end thereof the following new
3 section:
i
4
"IMMIGRATION STUDY
:-
5
"Sec. 107. The Immigration and Nationalization Serv-
6 ice is hereby authorized to conduct a study of perspective
7 immigration patterns into the United States of America
8: from other countries of the world.
a
9
"The Immigration and Nationalization Service is to
10 report to Congress on its findings by December 31, 1976.".
I!
MEMORANDUM
TO: Robert T. Hartmann
FROM: Benton L. Becker
DATE: January 19, 1976
RE: CUBAN REFUGEES
By letter dated December 10, 1975, Mr. Jose Manuel
Casanova, Florida Chairman, Republican National Hisponic
Assembly, inquired of the President the reasons for, and
exploration of possible solutions to, the inordinate delay
Cuban refugees residing in the United States are subject
to before obtaining resident alien status and/or United States
citizenship.
By memorandum dated December 18, 1975, to you from
Gwen Anderson, Ms. Anderson recounts the opinion of the White
House staff regarding this matter, wherein Ms. Anderson
quoted a memorandum from Mr. Connor which stated:
"There was no way to accelerate the rate of
naturalization of Cuban refugees unless Congress
enacts additional legislation
At your direction, and working closely with
Ms. Anderson, I undertook to explore this matter further.
GERALD FORD
MEMORANDUM
Page 2
Following my review of your limited office file on
the subject, I concluded that, with the exception of Ms. Ander-
son, the White House staff members offering opinions on this
subject did not fully grasp the problem propounded in the
Casanova letter and, as a result of same, their responses were
either too narrowly based or missed the point entirely. Accord-
ingly, I undertook to review the existing law, to interview
associates of mine employed at the Immigration and Naturalisa-
tion Service (INS) and to evaluate any pending legislation on
this subject.
As a result of that exercise, I have concluded that,
in fact, something indeed can be done.
To focus this matter in the proper light, the
following outline represents six steps that must occur before
a Cuban refugee becomes a United States citizen:
1) Parolee enters the United States.
Under the law, technically Cuban refugees are
referred to as parolees. They are allowed to
enter the United States without a visa.
2) The parolee must reside continuously in the
United States for a period of two years, in the
status of parolee.
Review of the Casanova letter and inquiry into
the further steps outlined herein leads me to
conclude, irrevocably, that this two-year
waiting period is not the inordinate delay
complained of by Mr. Casanova.
3) After residing in the United States for two
R.
years, the parolee applies for an "adjustment
FORD
of status".
LIBRARY
MEMORANDUM
Page 3
When this application is made, two federal agencies
interact with respect to the parolee's application.
They are the Department of State and the Justice
Department (INS). The State Department issues a
visa and INS issues a change of status from
"parolee" to "resident alien". By federal legis-
lation, INS is limited annually in its "award" of
resident alien status to Western Hemisphere aliens
in the amount of 120,000 per year.
4) When State and INS have acted, the parolee becomes
a "Resident Agent".
5) Assuming the time span between steps 1 and 4 has
been two and a half years or more, the resident
alien may immediately apply for citizenship.
As almost all of the White House staff memos point
out, this two-and-a-half-year period constitutes
a degislative exception to Cuban refugees, whereas
the normal waiting period for all other Western
Hemisphere aliens is five years (Act of November 2,
1966, P.L. 89-732, 80 STAT 1161).
6) The resident alien becomes a citizen.
In practice, the time frame between steps 3 and 4
may take as many as ten years. It is that bottleneck to which
Mr. Casanova justifiably complains.
A suggested method to alleviate this delay would be
to have the President direct the Secretary of State to
terminate the State Department's present practice of issuing
visas to refugees on a "first-come, first-served" basis. It
has been suggested that the State Department segregate from
its awaiting visa file those individuals of Cuban extraction
and to thereafter on priority bases to Cubans grant visas
ahead of other Western Hemisphere refugees, all of whom,
FORD A. ALRARY GERALD
MEMORANDUM
Page 4
unlike the Cubans, are immigrating from a non-Communistic
State. As a practical matter, once the visa is issued by
State, INS merely performs a ministerial function in granting
resident alien status.
Notwithstanding the temporary expeditious treatment
this would provide, the United States would still be limited
in the total amount of annual visas and/or resident agent
status it could grant to Western Hemisphere refugees to
120,000 annually. However, that too, can be readily resolved.
Currently pending in the Congress is H.R. 8195
(copy of the Bill attached) which, if passed into law,
would remove the 120,000 limitation applying to immigrants
from the Western Hemisphere. H.R. 8195 would remove the
distinction between the Eastern and Western Hemispheres and
allow a total of 300,000 visas and/or resident agent statuses
to be granted annually to the Western Hemisphere residents.
The Bill has been endorsed by the Attorney General and INS.
Proponents of the Bill maintain that its passage
would significantly reduce the proliferated influx of thou-
sands of illegal aliens into the United States. This would
be accomplished, quite simply, by providing the legislative
mechanism of increasing the number of available applications
and, thereby, decrease the necessity of illegal immigration.
The proponents further maintain that passage would alleviate
GERALD FORD
MEMORANDUM
Page 5
U.S. hostility felt by Western Hemisphere aliens desirous
of immigrating to the U.S., but frustrated by the "closed
club" policy of our immigration laws.
H.R. 8195 is not restrict itself to Cuba, yet, if
passed into law and if the State Department procedure out-
lined in this memorandum was changed, the complaint voiced
by Mr. Casanova would be greatly mitigated. Preferential
State Department treatment to Cuban refugees may not be
fairly criticised, as a legislative precedent, for such
treatment already exists (two and a half V. five years,
referred to as step 5 herein).
As indicated earlier, the Administration could
suggest that its new State Department visa policy is humanly
motivated to encourage, where legally possible, the removal
of U.S. immigration restrictions for immigrants from
Communist States.
AMMUNT GERALD W