[Public Papers of the Presidents of the United States: William J. Clinton (1997, Book II)]
[December 23, 1997]
[Page 1823]
[From the U.S. Government Publishing Office www.gpo.gov]



Memorandum on Deferred Enforced Departure for Haitians
December 23, 1997

Memorandum for the Attorney General

Subject: Measures Regarding Certain Haitians in the United States

    Over the past several decades, many Haitians have been forced to 
flee their country because of human rights abuses and civil strife and 
have sought the protection of the United States. A significant number of 
these Haitians were brought into the United States from Guantanamo Bay 
Naval Base by President Bush following the overthrow of President 
Aristide in 1991. Other Haitians arrived here through other means and 
were paroled or applied for asylum. Many of these Haitians continue to 
be without legal status in the United States.
    Pursuant to my constitutional authority to conduct the foreign 
relations of the United States, I have determined that it is in the 
foreign policy interest of the United States to defer for 1 year the 
deportation of any Haitian national who was paroled into the United 
States before December 31, 1995, or who filed for asylum before December 
31, 1995, and who has been continuously present in the United States 
since that date.
    Accordingly, I now direct you to take the necessary steps to 
implement for these Haitians:
        1.  deferral of enforced departure from the United States for 1 
            year from the date of this memorandum; and
        2.  authorization for employment for 1 year from the date of 
            this memorandum.
    This directive shall not apply to any Haitian national: (1) who has 
been convicted of an aggravated felony; (2) who is found to be a 
persecutor of others within the meaning of 8 U.S.C. 1101(a)(42); (3) 
whose removal you determine is in the interest of the United States; (4) 
whose presence or activities in the United States the Secretary of State 
has reasonable ground to believe would have potentially serious adverse 
foreign policy consequences for the United States; (5) who voluntarily 
returned or returns to Haiti or his or her country of last habitual 
residence outside the United States; (6) who was deported, excluded, or 
removed prior to the date of this memorandum; or (7) who is subject to 
extradition.
    These measures shall be taken as of the date of this memorandum.

                                                      William J. Clinton