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TITLE Immigration Emergency Legislation. Hearing Before the Subcommittee on Immigration and Refugee Policy of the Committee on the Judiciary on S DOCUMENT RESUME ED 263 267 UD 024 540 TITLE Immigration Emergency Legislation. Hearing before the Subcommittee on Immigration and Refugee Policy of the Committee on the Judiciary on S. 1724 and S. 1983. United States Senate, Ninety-Eighth Congress, First Session (Miami, Florida). INSTITUTION Congress of the U.S., Washington, D.C. Senate Committee on the Judiciary. REPORT NO Senate-Hrg-98-1231 PUB DATE 28 Oct 85 NOTE 177p. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS *Emergency Programs; Federal Aid; *Federal Legislation; Haitians; Hearings; *Immigrants; *Refugees; *Undocumented Immigrants IDENTIFIERS Congress 98th; *Florida (Dade County); Immigration and Nationality Act 1965; Immigration Legislation; *Mariel Cubans ABSTRACT This document reports the proceedings of a hearing on two pieces of Federal immigration emergency legislation: (1) a bill to amend the Immigration and Nationality Act respecting powers and procedures in immigration emergencies and for other purposes (the "Immigration Emergency Act"), and (2) a bill to amend the Immigration and Nationality Act to provide special authorities and procedures for the control of immigration emergencies (the Immigration Emergency Procedures Act of 1983). The legislation was proposed in response to the influx of aliens to South Florida because of the Mariel boatlift in 1980. Testimony and material for the record was presented by local groups and organizations, Federal, State, and county representatives, and representatives of organizations concerned with citizen and non-citizen rights. The thrust of the testimony concerns the difficulties of dealing with a large alien influx and the need for federal assistance. Specific topics include the impact of immigration on Dade County schools, the costs of the Cuban flotilla, and an analysis of the asylum and refugee provisions of the proposed immigration reform and control act of 1982 by the Lawyers Committee for International Human Rights. (CG) *********************************************************************** * Reproductions supplied by EDRS are the best that can be made * * from the original document. * *********************************************************************** o 0 S. HEG. 98-1231 IMMIGRATION EMERGENCY LEGISLATION HEARING BEFORE THE SUBCOMMITTEE ON re\ IMMIGRATION AND REFUGEE POLICY OF THE COMMITTEE ON THE JUDICIARY 1.1./ UNITED STATES SENATE NINETY-EIGHTH CONGRESS FIRST SESSION ON S. 1725 A BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT RE- SPECTING POWERS AND PROCEDURES IN IMMIGRATION EMERGEN- CIES, AND FOR OTHER PURPOSES AND S. 1983 A BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO PRO- VIDE SPECIAL AUTHORITIES AND PROCEDURES FOR THE CONTROL OF IMMIGRATION EMERGENCIES MIAMI, FLORIDA OCTOBER 28, 1983 Serial No. J-98-109 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1985 2 COMMITTEE ON THE JUDICIARY STROM THURMOND,South Carolina, Chairman CHARLES McC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware PAUL LAXALT, Nevada EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah ROBERT C. BYRD, West Virginia ROBERT DOLE, Kansas HOWARD M. METZENBAUM, Ohio ALAN K. SIMPSON, Wyoming DENNIS DaCONCINI, Arizona JOHN P. 'BAST, North Carolina PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa MAX BAUCUS, Montana JEREMIAH DENTON, Alabama HOWELL HEFLIN, Alabama ARLEN SPECTER, Pennsylvania VarroN DEVANE UDE, Chief Counsel and Staff Director DEBORAH K. Own; General Counsel DEBORAH G. BERNsrEni, Chief Clerk MARK H. GITENSITJN, Minority Chief Counsel SUBCOMMITTEE ON IMMIGRATION AND REFUGEE POLICY ALAN K. SIMPSON, Wyoming, Chairman CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts CHARLES McC. MATHIAS, JR., Maryland HOWELL HEFLIN, Alabama RICHARD W. DAY, Chief Counsel and Staff Director JERRY M. TINKER, Minority Counsel 3 CONTENTS OPENING STATEMENTS Page Simpson, Hon. Alan K., a U.S. Senator from the State of Wyoming, chairman, Subcommittee on Immigration and Refugee Policy 1 Chiles, Hon. Lawton, a U.S. Senator from the State of Florida 101 Hawkins, Hon. Paula, a U.S. Senator from the State of Florida 105 PROPOSED LEGISLATION S. 1725, a bill to amend the Immigration and Nationality Act respecting powers and procedures in immigration emergencies, and for other purposes. 3 S. 1983, a bill to amend the Immigration and Nationality Act to provide special authorities and procedures for the control of immigration emergen- cies 19 CHRONOLOGICAL LIST OF WITNESSES Nelson Alan C., Commissioner, Immigration and Naturalization Service; David H. Pingree, Secretary, Department of Health and Rehabilitation Services, Harvey Ruvin, commissioner of Dade County, FL; and Leonard Britton, superintendent of schools, Dade County, FL 39 Paddock, Paul, Florida State chairman, Federation for American Immigration Reform, Carlos J. Arboleya, chairman, Hispanic Affairs Committee; Alvah H. Chapman, Jr., chalanan, Miami Citizens Against Crime; and Laurie A. Raskin, executive director, Greater Miami United, Miami-Dade County Community College, New World Campus 77 McCarthy, Rev. Edward A., Archbishop of Miami, Arthur C. Helton, director, Political Asylum Project, Lawyers Committee For International Human Rights, Rev. Walter F. Horlander executive director, Florida Council of Churches, Michael S. Hooper, executive director, National Emergency Coa- lition for Haitian Refugees, Roberto Canino, Miami district director, League of United Latin-American Citizens, and Father Gerard Jean-Juste, execu- tive director, Haitian Refugee Center, Inc 108 ALPHABETICAL LISTING AND MATERIALS SUBMITTED Arboleya, Carlos J.: Testimony 92 Britton, Leonard: Testimony 62 Canino, Roberto: Testimony 156 Chapman, Alvah H., Jr.: Testimony 93 Helton, Arthur C.: Testimony 112 Letters from Arthur C. Helton to: ... Richard W. Day, November 15, 1983 119 , Alan C. Nelson, November 8, 1983 137 e.-iii, Prepared statement by Arthur C. Helton and Michael H. Posner 120 Hooper, Michael S.: Testimony 144 ''''t Letter to Senator Alan Simpson, chairman, Subcommittee on Immigra- tion and Refugee Policy, Committee on Judiciary, May 11, 1984 166 Horlander, Rev. Walter F.: Testimony 138 Additional material 142 Jean-Juste, Father Gerard: Testimony 159 ) e Page McCarthy, Most Rev. Edward A.: Testimony 108 Nelson, Alan C.: Testimony 39 Prepared statement 44 Paddock Paul: Testimony 77 Articles: Cost of the Cuban Flotilla 84 "Immigration Reform Bill Does Have a Constituency," by Paul M Paddock, from the Palm Beach Post, October 17, 1983 91 Pingree, David H.: Testimony 55 Prepared statement of Gov. Bob Graham 58 Letter to Alan K. Simpson, November 8, 1983 72 Raskin, Laurie A.: Testimony 97 Ruvin, Harvey: Testimony 61 APPENDIX Statement of Eugene H. Douglas, Ambassador, U.S. Coordinator for Refugee Affairs 171 IMMIGRATION EMERGENCY LEGISLATION FRIDAY, OCTOBER 28, 1983 U.S. SENATE, SUBCOMMITTEE ON IMMIGRATION AND REFUGEE POLICY, COMMITTEE ON THE JUDICIARY, Miami, FL. The subcommittee met, pursuant to notice, at 1:25 p.m. in the central courtroom, U.S. District Court Building, Miami, FL, Hon. Alan K. Simpson (chairman of the subcommittee) presiding. Present: Senators Paula Hawkins and Lawton Chiles. Staff present: Richard W. Day, chief counsel, Subcommittee on Immigration and Refugee Policy, Deborah Kilmer, legislative aide to Senator Lawton Chiles, and John Mica, administrative assistant to Senator Paula Hawkins. OPENING STATEMENT OF HON. ALAN K. SIMPSON, A U.S. SENA- TOR FROM THE STATE OF WYOMING, CHAIRMAN, SUBCOMMIT- TEE ON IMMIGRATION AND REFUGEE POLICY Senator SIMPSON. The meeting will come to order. Thank you for your patience. I was with the Dade County Bar and talked to that group. I wanted to particularly pay tribute to Chief Judge Eaton and thank him for these facilities. He has been most kind and most coopera- tive, and I thank him for his hospitality and his generosity. Lawton Chiles is delayed. He had a very important appointment which he was expected to be on the floor, and Paula Hawkins was delayed by air traffic. She was coming and had some difficulty. When they arrive, I will ask whoever may be at the table to discon- tinue for a moment in time, and we will introduce them at that time. Both of them have been very interested in this legislation. Both of them have presented pieces of legislation, and both of them have been very patient with me as I have tried to guide the immigration reform legislation along. I have asked them to please hold back hold that particular part up if they would, so we can deal with that on a separate basis, and they have both been quite generous in doing that. , I think it is very fitting we meet in Miami this afternoon to ad- dress these two proposals and address the issue of immigration emergencies. Immigration and refugee policy is indeed a Federal responsibil- ity, and our Government must have the ability to respond swiftly and appropriately. The question is, How do we respond swiftly and appropriately to an unanticipated mass immigration to our shores? (1) 2 I think all of us are justly proud of our tradition of a very gener- ous refugee policy, the most generous on Earth; but that policy must be an orderly one. Most Americans I think continue to sup- port our refugee program, but the mismanagement of the Mariel boatlift erodes that kind of support. That is my feeling. Here in south Florida where the startling impact of the boatlift was felt, the Government was not able to respond, and the result was a crisis, the effects of which are still being
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