[House Document 105-111]
[From the U.S. Government Publishing Office]



105th Congress 1st Session - - - - - - - - - - - House Document 105-111


 
 LEGISLATIVE PROPOSAL ENTITLED ``IMMIGRATION REFORM TRANSITION ACT OF 
                                1997''

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A LEGISLATIVE PROPOSAL TO PROVIDE RELIEF TO CERTAIN ALIENS WHO WOULD 
         OTHERWISE BE SUBJECT TO REMOVAL FROM THE UNITED STATES





    July 24, 1997.--Message and accompanying papers referred to the 
          Committee on the Judiciary and ordered to be printed


To the Congress of the United States:
    I am pleased to submit for your immediate consideration and 
enactment the ``Immigration Reform Transition Act of 1997,'' 
which is accompanied by a section-by-section analysis. This 
legislative proposal is designed to ensure that the complete 
transition to the new ``cancellation of removal'' (formerly 
``suspension of deportation'') provisions of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA; Public Law 104-208) can be accomplished in a fair and 
equitable manner consistent with our law enforcement needs and 
foreign policy interests.
    This legislative proposal would aid the transition to 
IIRIRA's new cancellation of removal rules and prevent the 
unfairness of applying those rules to cases pending before 
April 1, 1997, the effective date of the new rules. It would 
also recognize the special circumstances of certain Central 
Americans who entered the United States in the 1980s in 
response to civil war and political persecution. The Nicaraguan 
Review Program, under successive Administrations from 1985 to 
1995, protected roughly 40,000 Nicaraguans from deportation 
while their cases were under review. During this time the 
American Baptist Churches v. Thornburgh (ABC) litigation 
resulted in a 1990 court settlement, which protected roughly 
190,000 Salvadorans and 50,000 Guatemalans. Other Central 
Americans have been unable to obtain a decision on their asylum 
applications for many years. Absent this legislative proposal, 
many of these individuals would be denied protection from 
deportation under IIRIRA's new cancellation of removal rules. 
Such a result would unduly harm stable families and communities 
here in the United States and undermine our strong interests in 
facilitating the development of peace and democracy in Central 
America.
    This legislative proposal would delay the effect of 
IIRIRA's new provisions so that immigration cases pending 
before April 1, 1997, will continue to be considered and 
decided under the old suspension of deportation rules as they 
existed prior to that date. IIRIRA's new cancellation of 
removal rules would generally apply to cases commenced on or 
after April 1, 1997. This proposal dictates no particular 
outcome of any case. Every application for suspension of 
deportation or cancellation of removal must still be considered 
on a case-by-case basis. The proposal simply restores a fair 
opportunity to those whose cases have long been in the system 
or have other demonstrable equities.
    In addition to continuing to apply the old standards to old 
cases, this legislative proposal would exempt such cases from 
IIRIRA's annual cap of 4,000 cancellations of removal. It would 
also exempt from the cap cases of battered spouses and children 
who otherwise receive such cancellation.
    The proposal also guarantees that the cancellation of 
removal proceedings of certain individuals covered by the 1990 
ABC litigation settlement and certain other Central Americans 
with long-pending asylum claims will be governed by the pre-
IRRIRA substantive standard of 7 years continuous physical 
presence and extreme hardship. It would further exempt those 
same individuals from IIRIRA's cap. Finally, individuals 
affected by the legislation whose time has lapsed for reopening 
their cases following a removal order would be granted 180 days 
in which to do so.
    My Administration is committed to working with the Congress 
to enact this legislation. If, however, we are unsuccessful in 
this goal, I am prepared to examine any available 
administrative options for granting relief to this class of 
immigrants. These options could include a grant of Deferred 
Enforced Departure for certain classes of individuals who would 
qualify for relief from deportation under this legislative 
proposal. Prompt legislative action on my proposal would ensure 
a smooth transition to the full implementation of IIRIRA and 
prevent harsh and avoidable results.
    I urge the Congress to give this legislative proposal 
prompt and favorable consideration.

                                                William J. Clinton.
    The White House, July 24, 1997.




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