Temporary Suspension of Deportation of Certain Aliens

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TEMPORARY SUSPENSION OF DEPORTATION OF &
CERTAIN ALIENS ^ C#£\
I

HEARING _ '
BEFORE THE
SUBCOMMITTEE ON
IMMIGRATION, REFUGEES, AND INTERNATIONAL LAW
OP THE
COMMITTEE ON THE JUDICIAKY
HOUSE OF REPRESENTATIVES
NINETY-EIGHTH CONGRESS
SECOND SESSION
ON
H.R. 4447
TEMPORARY SUSPENSION OF DEPORTATION OF CERTAIN ALIENS
APRIL 12, 1984
Serial No. 41
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE

34-285 O WASHINGTON : 1984
COMMITTEE ON THE JUDICIARY
PETER W. RODINO, New Jersey, Chairman
JR.,
\CK BROOKS, Texas
HAMILTON FISH, New York
JR.,
OBERT W. KASTENMEIER, Wisconsin
CARLOS J. MOORHEAD, California
ON EDWARDS, California HENRY J. HYDE, Illinois
5HN CONYERS, Michigan THOMAS N. KINDNESS, Ohio
JR.,
JHN F. SEIBERLING, Ohio HAROLD S. SAWYER, Michigan
OMANO L. MAZZOLI, Kentucky DAN LUNGREN, California
1LLIAM J. HUGHES, New Jersey F. JAMES SENSENBRENNER
JR.,
\M B. HALL, Texas Wisconsin
JR.,
IKE SYNAR, Oklahoma
BILL McCOLLUM, Florida
ATRICIA SCHROEDER, Colorado E. CLAY SHAW, Florida
JR.,
AN GLICKMAN, Kansas
GEORGE W. GEKAS, Pennsylvania
AROLD WASHINGTON, Illinois MICHAEL Ohio
DEWINE,
ARNEY FRANK, Massachusetts
EO. W. CROCKETT, Michigan
JR.,
KARLES E. SCHUMER, New York
RUCE A. MORRISON, Connecticut
DWARD F. FEIGHAN, Ohio
\WRENCE J. SMITH, Florida
OWARD L. BERMAN, California
REDERICK C. BOUCHER, Virginia
A. General Counsel
ALAN PARKER,
J. Staff Director
GARNER CUNE,
F. Jr., Associate Counsel
ALAN COPTBY,
SUBCOMMITTEE ON IMMIGRATION, REFUGEES, AND INTERNATIONAL LAW
ROMANO L. MAZZOLI, Kentucky, Chairman

VM B. HALL, Texas DAN LUNGREN, California
JR.,

ARNEY FRANK, Massachusetts BILL McCOLLUM, Florida

EO. W. CROCKETT, Michigan HAMILTON FISH, New York
JR., JR.,
AWRENCE J. SMITH, Florida
(II)
lW-601V\\
CONTENTS
so
1

TEXT OF BILL
N
Page

H.R. 4447 3

So WITNESSES
Abrams, Elliott, Assistant Secretary of State for Human Rights and Humani-

tarian Affairs 66

.^ Prepared statement 71
Gejdenson, Hon. Sam, a Representative in Congress from the State of Con-

\J\ necticut 32

Prepared statement 48

^ Lowry, Hon. Mike, a representative in Congress from the State of Washington 32

-. Prepared statement 42
-O Meissner, Doris M., Executive Associate Commissioner, Immigration and Nat-

uralization Service 66

Prepared statement 79
Moakley, Hon. Joe, a Representative in Congress from the State of Massachu-

setts 7

Prepared statement 11

Nelson, Alan, Commissioner, Immigration and Naturalization Service 66
Patterson, Hon. Jerry M., a Representative in Congress from the State of

California 32

Prepared statement 36
APPENDIX
American Civil Liberties Union, prepared statement 130
Amnesty International, U.S.A., prepared statement 135
de Haan, Dale S., director, Church World Service Immigration and Refugee
Program, prepared statement 139
Hammarberg, Thomas, Secretary General, Amnesty International, letter
dated July 31, 1981, to Hon. William French Smith, Attorney General of
the United States 136
Interpreter releases, American Council for Nationalities Services, January 30,
1982 118
Ottinger, Hon. Richard L., a Representative in Congress from the State of
New York, prepared statement 115
Pritchard, Hon. Joel, a Representative in Congress from the State of Wash-
ington•letter dated April 10, 1984, to Hon. Romano L. Mazzoli 116
Questions submitted by the Subcommittee on Immigration, Refugees, and
International Law to the INS on the United States-Salvadoran situation 143
Walter, Ingrid, National Council of the Churches of Christ in the United
States, letter dated April 11, 1984, to Hon. Romano L. Mazzoli 137
(in)
t
R

TEMPORARY SUSPENSION OF DEPORTATION OF
CERTAIN ALIENS
THURSDAY, APRIL 12, 1984
HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON IMMIGRATION, REFUGEES,
AND INTERNATIONAL LAW,
COMMITTEE ON THE JUDICIARY,
Washington, D.C.
The subcommittee met, pursuant to call, at 9 a.m., in room 2237,
Rayburn House Office Building, Hon. Romano L. Mazzoli (chair-
man of the subcommittee) presiding.
Present: Representatives Mazzoli, Hall, Frank, Crockett, Smith,
Lungren, McCollum, and Fish.
Staff present: Arthur P. Endres, Jr., counsel; Lynn Conway and
Eugene Pugliese, assistant counsel; Peter Regis and Bernadette
Maguire, legislative assistants; and Peter J. Levinson, associate
counsel.
Mr. Ladies and gentlemen, the subcommittee will come
MAZZOLI.
to order.
I will make a short opening statement and then yield to our
friend from Massachusetts.
Today's hearing has been called to consider legislation which has
been introduced to provide for the temporary suspension of depor-
tation for Salvadoran nationals now in the United States.
This legislation, H.R. 4447, has been introduced by our distin-
guished colleague from Massachusetts, Joe Moakley, along with
several cosponsors.
This subcommittee has closely monitored developments relating
to the return of Salvadorans to El Salvador over the past two Con-
gresses. In this connection, on my part a letter was sent to the Sec-
retary of State in January of this year, requesting information
from the Department with respect to a report on the status of
those people who have been returned to El Salvador. The letter
also requested an urgent submission of departmental reports on
this legislation.
I am obliged to report that to date I have not received any re-
sponse to our letter and the departmental report has been submit-
ted only late this week.
Many of our colleagues feel strongly that our Government should
grant extended-voluntary-departure status to Salvadorans in view
of the conditions in their home, and in view of the fact that such
status applies to Poles, Ethiopians, Afghans.
(1)
In today's hearing we will receive testimony from our friend
from Massachusetts and other colleagues on this point. We will
also today hear from administration witnesses with respect to why
the administration sees the extended voluntary departure as not
necessary or appropriate at this time.
[A copy of H.R. 4447 follows:]
H. R. 4447
CONGRESS
98TH
1ST SE88ION
To provide for the temporary suspension of deportation for certain aliens who are
nationals of El Salvador, and to provide for Presidential and congressional
review of conditions in El Salvador, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
17, 1983
NOVEMBER
Mr. (for himself, Mr. Mr. Mr. Mr.
MOAKLEY PBITCHARD, FRANK, WEISS, OT-
Mr. Mr. Mr. of Washington) intro-
TINGER, JEFFORDS, TOWNS, AND LOWRY
duced the following bill; which was referred jointly to the Committees on
Foreign Affairs, the Judiciary, and Rules
A BILL
To provide for the temporary suspension of deportation for
certain aliens who are nationals of El Salvador, and to
provide for Presidential and congressional review of condi-
tions in El Salvador, 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 (a) the President shall investigate and report to the
4 Congress, not later than eighteen months after the date of
5 the enactment of this Act, concerning•
6 (1) displaced persons in El Salvador, including•
7 (A) the number of such persons;
1 (B) the living conditions of such persons,
2 with particular attention to their personal safety
3 and the availability of food and medical assist-
4 ance;
5 (C) the resources available for humanitarian
6 assistance for them, including the methods and
7 policies respecting distribution of such assistance
8 and obstacles which may prevent the efficient and
9 equitable distribution of such assistance; and
10 (D) steps that can be taken to improve the
11 status of such persons;
12 (2) Salvadoran nationals who are displaced per-
13 sons outside El Salvador, including•
14 (A) the number of such nationals in Hondu-
15 ras, Guatemala, and Mexico, and
16 (B) the matters described in subparagraphs
17 (B) through (D) of paragraph (1) with respect to
18 such nationals; and
19 (3) the conditions and fates of aliens deported
20 from the United States to El Salvador, with particular
21 attention to those who have suffered violations of
22 fundamental human rights upon their return to El
23 Salvador.
24 2. Upon Congress's receipt of the report described
SEC.
25 in the first section of this Act but in no case later than two
1 years after the date of the enactment of this Act, the Com-
2 mittees of the Judiciary, of the House of Representatives,
3 and of the Senate, shall conduct hearings to consider•
4 (1) the availability of safe resettlement within El
5 Salvadoi or i"ughboring countries of displaced nation-
6 als of El Salvador, and
7 (2) treaty obligations of the United States, hu-
8 manitarian considerations, and previous practice of the
9 United States respecting the treatment of aliens in sim-
10 ilar circumstances,
11 in order to determine (A) the appropriate steps to be taken to
12 provide assurances of personal safety and adequate, efficient,
13 and equitable distribution of assistance with respect to Salva-
14 dorans who are displaced within El Salvador or who have
15 fled to other countries in Central America, and (B) whether it
16 is appropriate to extend, remove, or alter the restrictions
17 contained in section 3 of this Act.
18 3. (a) The Attorney General shall not detain or
SEC.
19 deport (to El Salvador) aliens described in subsection (b)
20 during the three-year period beginning on the date of the
21 enactment of this Act, except as may be provided by the
22 Congress after its consideration under section 2 of the Presi-
23 dential report submitted under the first section of this Act.
6
1 (b) The nationals referred to in subsection (a) are aliens
2 who are nationals of El Salvador who have been determined
3 to be deportable only under•
4 (1) paragraph (1) of section 241(a) of the Immi-
5 gration and Nationality Act (8 U.S.C. 1251(a)), but
6 only as such paragraph relates to a ground for exclu-
7 sion described in paragraph (14), (15), (20), (21), (25),
8 or (32) of section 212(a) of such Act (8 U.S.C.
9 1182(a)), or
10 (2) under paragraph (2), (9), or (10) of section
11 241(a) of such Act (8 U.S.C. 1251(a)).
12 (c) With respect to an alien whose deportation is tempo-
13 rarily suspended under subsection (a) during a period, the
14 period of such suspension shall not be counted as a period of
15 physical presence in the United States for purposes of section
16 244(a) of the Immigration and Nationality Act (8 U.S.C.
17 1254(a)).