[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.