[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12306-S12309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM (for himself, Mr. Mack, Mr. Kennedy, Mr. Abraham, 
        and Ms. Moseley-Braun):
  S. 1504. A bill to adjust the immigration status of certain Haitian 
nationals who where provided refuge in the United States; to the 
Committee on the Judiciary.


          the haitian refugee immigration fairness act of 1997

  Mr. GRAHAM. Mr. President, I commend my colleagues on reaching an

[[Page S12307]]

agreement on what has been a very long and difficult negotiation 
relative to Central American and other immigrants. I note that we have 
in the Chamber at this time two of the Members of the House of 
Representatives who have been most active in achieving this result that 
is close to being reality, Congresswoman Ileana Ros-Lehtinen and 
Congressman Lincoln Diaz-Balart. I extend my special thanks to them and 
congratulations on the success of their hard work.
  Many months ago, these two fine Members of the House of 
Representatives, and others, including Senator Mack, Senator Spencer 
Abraham, and Senator Kennedy, became interested in legislation that 
would provide justice and fairness for individuals who, due to duress, 
extreme hardship and political strife in their native countries, had 
been welcomed into our Nation by President Reagan and President Bush. I 
was proud to be part of this effort.
  The agreement reached with our distinguished colleagues covers not 
only Central Americans, but also other groups who have struggled 
against oppression. While I strongly believe that this agreement is 
positive and is in the American tradition of fair play, it is an 
incomplete resolution. It is incomplete because there is another 
relatively small group of persons who have the same characteristics as 
those who are being recognized for whom legislation is being passed 
today as part of the District of Columbia appropriations bill. That 
group is Haitians.
  There are 11,000 Haitians who, because of their credible asylum 
claims, were flown to the United States by our Government during the 
early 1990's. These were men, women and children, Mr. President, who 
had left Haiti because of the oppressive circumstances there.
  Mr. President, this group of approximately 11,000 Haitians, who 
because of credible asylum claims were allowed to enter the United 
States in the early 1990s, were part of a much larger group of over 
40,000 Haitians who had been detained at sea and temporarily were in a 
refuge status at our Guantanamo naval station.
  These were the 11,000 of that larger group who were found, based on 
screenings administered by the Immigration Naturalization Service, to 
have a credible claim of persecution should they be returned to Haiti. 
The balance of those who could not meet that standard were in fact 
repatriated to Haiti.
  There is a second group of similar size and significant overlap in 
terms of the individuals who are part of the asylum backlog. These are 
those who have had pending asylum cases since 1995.
  Mr. President, I am pleased to be joined in introducing this 
legislation today which is entitled the Haitian Refugee Immigration 
Fairness Act of 1997, with my colleague Senator Mack, Senator Kennedy, 
Senator Abraham, and Senator Carol Moseley-Braun.
  Mr. President, fairness demands that we include this group in our 
legislation. First, this is a relatively small group. The two groups 
together, the Guantanamo asylees and those who have a pending asylum 
case combined, represent approximately 15,000 to 16,000 individuals. 
This, in relationship to those who we are providing essentially the 
same status to today, is a relatively small number.
  Second, this group has been extensively screened. As I indicated, the 
Guantanamo asylees represent approximately one out of four of those 
persons who were, at one time, at the Guantanamo Naval Base and who 
were found to have a credible legitimate fear of persecution in Haiti.
  I might say, Mr. President, as one who visited Haiti several times 
during this very tense period in the late 1980s and early 1990s, the 
level of human rights abuses, the savagery, the violence were extreme. 
And these persons who established if they had been returned to Haiti at 
that time, that they would have been significantly at risk, they were 
at risk in a very legitimately violent and hostile environment.
  Deportations of this group, Mr. President, have already begun. Asylum 
officers have begun to send back members of the Haitian community to 
Haiti. And so there is a sense of urgency of dealing with this 
legislation before any additional injustices are committed.
  And finally, the Guantanamo Haitians have established families in the 
United States. Many have had children born here who are United States 
citizens. They have opened businesses. They have built homes. They have 
strengthened our community here in the United States. They contribute 
to the diversity, the racial and social harmony, the positive traits of 
our increasingly multicultural Nation.
  Mr. President, I would hope someday to have the opportunity to invite 
you to join me at Miami Dade Community College, which happens to be the 
largest community college in the Nation based on enrollment. It is 
inspiring to go to that campus, one of their several campuses, and see 
the number of young Haitian men and women who are living the American 
dream of hard work and education and advancing themselves so that they 
can better serve the interests of their families and our Nation.
  This is a quality group of people who have made and will make 
significant contributions to our Nation.
  They are making a contribution in many ways today. As an example, we 
have in Haiti a large number of Americans of Haitian heritage who are 
currently serving as mentors to the newly established police force in 
Haiti. They are helping to make an organization which did not exist a 
few years ago because there was no police force, all police activities 
were done through the military and often done in a very aggressive 
manner.
  We are attempting to build a new institution to provide for security 
in Haiti. A key element of that are the large numbers of Americans of 
Haitian background who are assisting in that important effort within 
their former country.
  That is just one dramatic example of the contributions which this 
community is making to their new home in America.
  Mr. President, I ask my colleagues today to continue the fight for 
justice and fairness. We have taken a significant step in that effort 
tonight with the passage of the District of Columbia appropriations 
bill, which seems to be an odd place for such an important immigration 
bill to be lodged, but it is placed there.
  This legislation will continue that effort by applying a similar 
standard of fair treatment to this important population of Haitians 
within our Nation.
  I send to the desk the legislation and ask for its referral.
  The PRESIDING OFFICER. It will be received and appropriately 
referred.
  Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1504

       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Haitian Refugee Immigration 
     Fairness Act of 1997''.

     SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.

       (a) Adjustment of Status.--
       (1) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act, the status of any alien 
     described in subsection (b) shall be adjusted by the Attorney 
     General to that of an alien lawfully admitted for permanent 
     residence, if the alien--
       (A) applies for such adjustment before April 1, 2000; and
       (B) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility the 
     grounds for inadmissibility specified in paragraphs (4), (5), 
     (6)(A), and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act shall not apply.
       (2) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition on submitting or granting 
     such application, to file a motion to reopen, reconsider, or 
     vacate such order. If the Attorney General grants the 
     application, the Attorney General shall cancel the order. If 
     the Attorney General renders a final administrative decision 
     to deny the application, the order shall be effective and 
     enforceable to the same extent as if the application had not 
     been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who is a 
     national of Haiti--
       (1) who filed for asylum before December 31, 1995, or was 
     paroled into the United

[[Page S12308]]

     States prior to December 31, 1995, after having been 
     identified as having a credible fear of persecution or 
     paroled for emergent reasons or reasons deemed strictly in 
     the public interest, and
       (2) has been physically present in the United States for at 
     least 1 year and is physically present in the United States 
     on the date the application for such adjustment is filed, 
     except an alien shall not be considered to have failed to 
     maintain continuous physical presence by reason of an 
     absence, or absences, from the United States for any periods 
     in the aggregate not exceeding 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien subject to a final order of 
     deportation or removal or exclusion to seek a stay of such 
     order based on the filing of an application under subsection 
     (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order any alien to be removed from 
     the United States, if the alien is in exclusion, deportation, 
     or removal proceedings under any provision of such Act and 
     raises as a defense to such an order the eligibility of the 
     alien to apply for adjustment of status under subsection (a), 
     except where the Attorney General has rendered a final 
     administrative determination to deny the application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that if such application is pending for a period 
     exceeding 180 days, and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Adjustment of Status for Spouses and Children.--
       (1) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act, the status of an alien shall 
     be adjusted by the Attorney General to that of an alien 
     lawfully admitted for permanent residence, if--
       (A) the alien is a national of Haiti;
       (B) the alien is the spouse, child, or unmarried son or 
     daughter, of an alien whose status is adjusted to that of an 
     alien lawfully admitted for permanent residence under 
     subsection (a), except that in the case of such an unmarried 
     son or daughter, the son or daughter shall be required to 
     establish that they have been physically present in the 
     United States for at least 1 year and is physically present 
     in the United States on the date the application for such 
     adjustment is filed.
       (C) the alien applies for such adjustment and is physically 
     present in the United States on the date the application is 
     filed; and
       (D) the alien is otherwise eligible to receive an 
     immigration visa and is otherwise admissible to the United 
     States for permanent residence, except in determining such 
     admissibility the grounds for exclusion specified in 
     paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of 
     the Immigration and Nationality Act shall not apply.
       (2) Proof of continuous presence.--For purposes of 
     establishing the period of continuous physical presence 
     referred to in paragraph (1)(B), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any periods in aggregate not exceeding 180 
     days.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--When an alien 
     is granted the status of having been lawfully admitted for 
     permanent resident pursuant to this section, the Secretary of 
     State shall not be required to reduce the number of immigrant 
     visas authorized to be issued under any provision of the 
     Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this Act, the definitions contained in the Immigration and 
     Nationality Act shall apply in the administration of this 
     section. Nothing contained in this Act shall be held to 
     repeal, amend, alter, modify, effect, or restrict the powers, 
     duties, functions, or authority of the Attorney General in 
     the administration and enforcement of such Act or any other 
     law relating to immigration, nationality, or naturalization. 
     The fact that an alien may be eligible to be granted the 
     status of having been lawfully admitted for permanent 
     residence under this section shall not preclude the alien 
     from seeking such status under any other provision of law for 
     which the alien may be eligible.

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator Graham, 
Senator Mack, Senator Abraham, and Senator Moseley-Braun in introducing 
legislation providing permanent residence to Haitian refugees.
  The Senate has now adopted legislation to enable Nicaraguan and Cuban 
refugees to remain permanently in the United States as immigrants, and 
to enable Salvadorans and Guatemalans to seek similar relief on a case-
by-case basis.
  Haitian refugees deserve no less.
  These families fled violence, torture, murder and other atrocities in 
Haiti. The Bush administration and the Clinton administration found 
that the vast majority of these refugees fled from Haiti because of a 
legitimate fear of persecution.
  These deserving Haitian refugees have resettled in many different 
States. They brought with them an unparalleled love of freedom, and a 
strong commitment to our democracy. They honor the opportunity that 
America offers.
  They were welcomed by churches and neighborhood groups, who have 
helped them rebuild their lives in communities across America. Today, 
they are contributing and valued members of our society.
  Immigration relief for Haitian refugees should have been included in 
the legislation to assist the refugees from Central America.
  President Clinton wrote to Speaker Gingrich to emphasize the 
importance of comparable relief for Haitian refugee families at a time 
when Congress was acting on relief for other refugees. Haitian refugees 
deserve the same immigration opportunities that the Republican 
leadership is proposing for refugees from Central America.
  But the Republican leadership in Congress said no. They even rejected 
our efforts at least to provide immediate relief from deportation for 
Haitian families.
  While the Republicans said no to these refugees, I understand that 
the Clinton administration will be taking steps to assure these Haitian 
families that they will be protected from deportation while Congress 
considers legislation in the coming months to allow the families to 
seek permanent residence here.
  And I commend Senator Moseley-Braun for her extraordinary leadership 
in working with the administration to achieve this important result, as 
well as Representative Carrie Meek for her tireless efforts for Haitian 
refugees.
  The legislation we are introducing will provide the fair relief that 
is greatly needed. It is a matter of simple justice.
  It should be adopted as soon as possible and I regret it was not part 
of the measure enacted today.
  Ms. MOSELEY-BRAUN. Mr. President, I am pleased to join Senators Mack, 
Kennedy, Abraham, and Graham in introducing the Haitian Refugee 
Immigration Fairness Act of 1997. I believe that this legislation will 
help mend a current shortcoming in the law.
  During the early 1990's, our country flew in some 11,000 Haitians who 
fled the oppressive and dangerous conditions in their homeland during 
the overthrow of Haiti's democratically elected government. As you may 
know, this coup was marked by atrocious human rights abuses, including 
systematic use of rape and murder as weapons of terror. The 
International Civilian Mission, which has monitored human rights 
conditions throughout Haiti, documented this tragedy, including horrors 
so awful as to be almost imaginable.
  To allow such human rights violations to occur so close to home, 
while doing nothing would have been inconsistent with the stated goals 
of our foreign policy. So in 1991, the United States took in persons 
fleeing Haiti at Guantanamo Bay, Cuba. After intense screening, many of 
these individuals were paroled into the United States to apply 
affirmatively for asylum. Between October, 1991 and May, 1992, over 
30,000 Haitians were interviewed. Less than one-third of these 
individuals were paroled into the United States to seek asylum.
  For the past 6 years, these individuals have had pending asylum cases 
with the Immigration and Naturalization Service. Now, despite the fact 
that these individuals have become a viable part of our Nation's 
communities, deportation of these Haitians has begun.

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 The individuals that I am talking about today are the children, wives, 
brothers, and sisters of soldiers and activists who stood up for 
democracy in Haiti and suffered a great deal because of the strength of 
their convictions. They fled to this country for refuge. They played by 
our rules. In the time that they've been here, they've built homes, 
paid taxes, and raised families in our country.
  Two Presidential administrations have promised this class of people 
relief, and I believe that we have an obligation to make good on those 
promises. There is no excuse not to give them the relief similar to the 
relief that we have just recently granted to some 250,000 similarly 
situated Central American nationals.
  I believe that in order to be equitable and fair, we must grant 
similar relief to this small group of individuals. This bill grants 
that relief. I urge my colleagues to join me in supporting this 
legislation, and look forward to working with everyone to see that this 
issue is equitably resolved.
                                 ______