Speech #910126409

Because fewer numbers would be necessary in the fifth preference. the bill would reduce the available percentage from 24 to 20 percent. The bill would increase the percent for the sixth preference from 10 to 15 percent. The sixth preference is available to qualified immigrants who axe capable of performing specified skilled or unskilled labor. not of a temporary or seasonal nature. for which a shortage of employable and willing persons exists in the United States. In each preference category. any unused numbers from the preceding category would fall down. Thus. if the full 20 percent available to the fifth preference were not utilized in that category. the residue would fall into the sixth preference. The percentage of the seventh preference would be increased from 6 to 10. This would result in 17.000 numbers for refugees from the Eastern Hemisphere and 13.000 for refugees from the Western Hemisphere as opposed to the 10.200 presently allocated for their use. There are only 3.600 refugee numbers remaining not used at this time. although 7 months still remain to the end of the fiscal year. June 30. 1970. Projections indicate that by the end of January. the supply of numbers for refugees may be exhausted. More numbers are necessary if the United States is to continue its traditional rule of providing asylum for Czechs. Poles. and other victims of Communist oppression. The bill grants visas to refugees rather than conditional entries presently granted under the seventh preference. After 2 years. a conditional entrant can adjust his status to that of a permanent resident alien. It was thought that this 2year period would function as a probation period. Thus. if the conditional entrants conduct was unacceptable during this period. he would be deported. Also. if factors concerning his background came to light after his entry. he could be deported if facts disclosed were of an unfavorable nature. However. Federal case law holds that persons paroled into the United States are entitled to the same type of hearing procedure to revoke their parole status as is accorded to permanent residents being deported. Since "conditional entry" is essentially "parole" with a different name. conditional entrants cannot be summarily deported from the United States. The issuance of visas will also place the entire administration of the refugee provision within the purview of the Department of State. Under the present law. only designated refugee officials of the Immigration and Naturalization Service can process refugees. The Immigration and Naturalization Service must consult with the Department of State concerning the location of refugee officers. Frequently. the number of refugees in a geographic area is not large enough to justify the processing of refugees at that particular location. Administration of section 203(a) (7) could result in the processing of refugees through any U.S. Embassy or consulate. The bill also broadens the definition of the term "refugee." Under this expanded definition. any persons who flee or shall flee due to a wellfounded fear of persecution for reasons of race. religion. nationality. membership of a particular social group. or political opinion would be eligible for refugee status. Any person who has been uprooted by natural calamity or military operations and is unable to return to his usual place of abode is also included within the definition. Another provision of the bill would allow Cuban refugees to adjust status outside of numerical limitations for the Western Hemisphere. Under the present law. Cuban refugees who are present in the United States for the requisite 2year period are allowed to adjust their status to permanent resident alien. When a Cuban adjusts status. he is charged to the 120.000 numerical ceiling applicable to the Western Hemisphere. The elimination of Cuban adjustments from the numerical limitation for the Western Hemisphere would result in many more numbers being available to other Western Hemisphere applicants. Under the preference system. each independent foreign country would have a numerical limitation of 20.000 numbers with the exception of Canada and Mexico. each of which would be allotted 35.000 numbers. A 20.000 limitation on Canada and Mexico would disturb the normal flow of immigration from these two contiguous countries. Because of their proximity to the United States and the interrelation of businesses and families located in the border areas. a greater number may be necessitated. The limitation of 200 visa numbers for applicants who are natives of colonies or other component or dependent areas of a foreign state would be raised to a limitation of 600. This increase in the subquota limitation should serve to alleviate the present backlogs in dependent areas lying in the Caribbean area. Obviously. this rather modest increase will not fill the tremendous demand for visas from natives of Hong Kong. Under the proposed bill. Western Hemisphere immigrants. except those from Canada. Mexico. and adjacent islands. would be allowed to adjust status while in the United States. The present law prohibits any resident of the Western Hemisphere from adjusting status to a lawful permanent resident while in the United States.