[Congressional Record Volume 141, Number 71 (Tuesday, May 2, 1995)]
[Senate]
[Pages S5942-S5944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE ATTORNEY GENERAL'S ANNOUNCEMENT ON CUBAN MIGRATION
Mr. GRAHAM. Mr. President, it had not been my intention to speak at
this moment but I happened to be on the floor and heard the Senator
from North Carolina. I would like, if I could, to put
[[Page S5943]] in context what the Attorney General announced at noon
today.
The first component of the announcement was that the United States
would adopt a new policy relative to those detainees who are currently
being held at the naval station at Guantanamo Bay. For some background,
in the late summer and early fall of 1994, a large exodus of Cubans
commenced from that island and were interdicted by United States Coast
Guard and some military vessels. The decision was made by the U.S.
Government at that time to establish a safe haven at Guantanamo Naval
Station, to which in excess of 30,000 persons who had been interdicted
at sea were subsequently taken.
In September 1994, the United States Government, as part of what has
been a continuing negotiation with the Cuban Government, held
negotiations on the specific and limited and singular topic of
immigration. As a result of that, an agreement was reached. Parts of
that agreement provided that the United States would provide no less
than 20,000 visas per year for Cubans wishing to come legally to the
United States, and would do so through a process administered by the
United States interest section in Havana. Also, as part of that
agreement, the Cuban Government agreed to undertake those steps which
would be necessary in order to prevent a continuation or restart of a
mass exodus from Cuba.
Over time, the U.S. Government determined that there were three
categories of persons at Guantanamo who deserved to be granted parole
in the United States, those three being families with children, the
elderly, and those who had serious medical problems. Under those three
categories of parole, approximately 7,000 to 8,000 persons have been
paroled into the United States thus far. There are another 2,000 to
3,000 to be paroled into the United States. That will leave at
Guantanamo a population of approximately 15,000, plus or minus, which
will be composed largely of single males, older adolescents, and young
adults.
Over the past several months, there has been growing concern about
what will happen at Guantanamo when we end up with that population.
Recently, first privately and increasingly publicly, the
representatives of the U.S. military--including General Sheehan, who is
the Commander, Atlantic Command, which has responsibility for the U.S.
military interests in the Caribbean--indicated that they felt it would
be a very serious situation with potential for riots or other major
unrest.
I personally have visited Guantanamo twice since it has been a
principal safe haven for at one time Haitians, then mixed Haitians and
Cubans, and now primarily Cubans. I concur, as a lay person, in what I
observed at Guantanamo: It is a very stark environment. Many would
think Guantanamo would look like their vision of a Caribbean island. It
is not. It is a very formidable, rocky, dry, arid place where cactus is
more prominent than palm trees. There is great concern about the
potential of having a large number of persons of a young male status,
without any hope or expectations for their future, being detained for
an extended period under those circumstances.
I might say, this Senate spoke to that issue itself just a few weeks
ago when the Department of Defense requested a supplemental
appropriation of over $50 million in order to enhance the conditions at
Guantanamo--things like putting in permanent showers and bathroom
facilities where currently portable facilities are being utilized. The
Senate elected not to fund that supplemental appropriation and
expressed in its declination to do so the need for the United States to
determine what its long-term policy was going to be relative to the
detainees at Guantanamo.
So we have had the opportunity as a Senate to speak on this issue,
and what we said to the administration was: Come up with a policy of
how to deal with this situation before we commit an additional $50
million on top of the $1 million a day we are spending in order to
maintain the population which is currently at Guantanamo.
Another part of this very unfortunate situation was the fact that
there is great concern in the United States about the increasing number
of immigrants. What seemed to be a strategy that would try to maximize
the positives and minimize what are inherently going to be negatives in
this situation was a policy that said let us take some of those 20,000
visas a year we are committed to offer through the interest section in
Havana, and let us shift those to Guantanamo and assign those to those
persons who, on a case-by-case basis, can meet the standards of entry
to the United States. That has seemed to me for a number of months to
be a rational policy, one not without risk or problems, but better than
a set of unhappy other alternatives that face the United States.
I am pleased the administration did not wait until we had a riot at
Guantanamo in order to act; that the administration essentially took
the direction which this Senate had given, to state what our long-term
policy was going to be vis-a-vis Guantanamo. That policy will be that
over the next 3 years, we will shift visas from the interest section in
Havana to Guantanamo, to begin the process of depopulating Guantanamo.
Those who meet our standards will receive one of the visas for entry to
the United States. Those who do not meet our standards will be sent
back to Cuba.
The major concern about that policy was the concern that is referred
to as remagnetizing Guantanamo. If you depopulate Guantanamo through
this process but in the course of that you create such a strong impetus
for people to go to Guantanamo and it refills, then you are back to
where you are today.
The Cuban Government has restated its commitment of last September;
that is, that it will enforce against mass exodus from the island. The
United States, now having said we will not take people to Guantanamo as
a safe haven, the policy which the Attorney General announced today is
that those persons who are interdicted at sea will be given an on-board
screening at sea to determine if they have a legitimate claim of
political asylum.
If they have such a legitimate claim for political asylum, they will
be given a special processing commensurate with that status and with
our history of humanitarian outreach to political asylees and our
obligations under international law.
If they do not meet that standard, then they will be returned
directly to Cuba. That is a provision of this which causes great
concern to many people, including myself. I recognize the long history
that the United States has had relative to a special relationship with
the people of Cuba. This policy was taken as what was considered to be
a necessary backstop to the steps to depopulate Guantanamo without, in
the process of depopulating, creating the very impetus that would
repopulate it.
Mr. President, I am a cosponsor of the legislation that the Senator
from North Carolina has introduced. I was the principal Senate sponsor
of the Cuban Democracy Act, which today represents the basis of United
States policy toward Cuba. That policy, as the President stated, is
unchanged. That policy is one of economic and political isolation of
Cuba as the most appropriate United States policy for purposes of
closing down the 35-year nightmare which Fidel Castro has represented
to the people of Cuba.
It is a policy that says we will outline with specificity and with
compassion what our policy will be toward the people of Cuba during
this reign of terror of Fidel Castro, and we will stipulate what our
policy will be upon Castro's fall, to reintegrate a democratic and free
Cuba into the international family of peace-loving nations and
eliminate the one blotch that remains on the map of democracies of the
Western Hemisphere, which is Cuba.
That was the essence of the Cuban Democracy Act. The legislation
which I am cosponsoring with the Senator from North Carolina extends
those principles toward the same goal of a rapid, hopefully peaceful
transition of Cuba from the tyranny that exists today to a free and
democratic government.
The decision the President made today was a difficult one. It
represents a selection among a series of difficult choices. I respect
the fact he did not wait for a crisis to make the decision. He has made
it firmly. He has done what will achieve, I think, the maximum national
security benefits to the
[[Page S5944]] United States in terms of our military base at
Guantanamo.
The U.S. Department of Defense supported this proposition. It will
allow Guantanamo to return to its role as an important part of our
hemispheric security. It will not serve as a magnet for future buildup
and diversion from its military use. It will stop almost $1 million a
day of expenditure that we have been making at Guantanamo.
The PRESIDING OFFICER. The time of the Senator has expired.
Mr. GRAHAM. Mr. President, I ask unanimous consent for an additional
2 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRAHAM. Mr. President, there were some difficult decisions that
had to be made around that core judgment. The result of the series of
decisions will be: First that there will be no increase of total Cuban
immigration into the United States, legal Cuban immigration, beyond
that to which the United States was already committed.
Second, that immigration will now come from two streams, partially
from Havana and partially from those persons who are at Guantanamo.
Third, the American people will be assured that only people from
either place--Havana or Guantanamo--who will enter the United States
will be those who meet our standards for entry.
Fourth, steps have been taken to demagnetize Guantanamo for further
population buildup.
Within that policy, the American principle of recognition of
political asylum and provision for those persons who seek freedom to
make the case that they are seeking freedom out of the basis of a
legitimate fear of political persecution will be maintained. They will
be afforded that opportunity. The Attorney General outlined in summary
form today what those steps will be.
So, Mr. President, I appreciate the leadership which the President
has taken in making a difficult decision. I believe this Senate should
appreciate the fact that he has responded to our request for leadership
on this matter; that the U.S. Department of Defense will now be able to
return its personnel and facilities to their intended purpose of
security of the United States; and that we will be able to say that our
policy of respecting human rights, and particularly respecting the
rights of those claiming political asylum, will be maintained.
They are difficult choices, but in my judgment, choices that had to
be made.
The PRESIDING OFFICER. The Senator from North Carolina.
Motion to Reconsider Vote On Amendment No. 603
Mr. HELMS. Mr. President, was a motion to reconsider the vote on
amendment No. 603 made?
The PRESIDING OFFICER. The motion was not made.
Mr. HELMS. I make such a motion and I move to table the motion.
The motion to lay on the table was agreed to.
The Senator from Pennsylvania is recognized.
Mr. SPECTER. Mr. President, I ask unanimous consent I may speak for 5
minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
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