[Congressional Record Volume 143, Number 106 (Thursday, July 24, 1997)]
[Senate]
[Pages S8089-S8090]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     REPORT OF DRAFT LEGISLATION ENTITLED ``THE IMMIGRATION REFORM 
      TRANSITION ACT OF 1997''--MESSAGE FROM THE PRESIDENT--PM 55

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on the Judiciary.

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.

[[Page S8090]]

  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-IIRIRA 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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