    [Weekly Compilation of Presidential Documents Volume 33, Number 30 (Monday, July 28, 1997)]
    [Pages 1120-1121]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Message to the Congress on the Proposed ``Immigration Reform Transition
    Act of 1997''

    July 24, 1997

    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 Baptists 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-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 implementa

    [[Page 1121]]

    tion 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.

    Note: This message was released by the Office of the Press Secretary on
    July 25.