Speech #970099055

Notwithstanding its obligations to do so under international law. the Cuban Government has refused to allow these individuals to return to Cuba. Most of the Cubans have been resettled through the efforts of private and public agencies. There is also a continuing migration to Florida of undocumented aliens from Haiti and elsewhere. Although the government of Haiti is willing to accept the return of Haitians deported by the United States. exclusion proceedln~s have been blocked by timeconsuming judicial challenges to Immigration end Naturaliation Service proceiins. While the foetgn policy character of the Cuban and Haitian migrations differs. the domestic impact on our local communities and on the Pdministration of our immigration laws Is the same. We must prevent another Martel. In addition. we must act to curtail the onvoing arrivals of undocumented aliens to our shores in violation of our laws. Finally. we must deal with the recent leacv of those Cubans and Haitians who are already here. The following title- of this bill were develoned to provide adequate legal authority to deal with future migrations of undocumented aliens: Title IIT. Cuban/Haitian Temporary Resident Act of 1981. Title IV. The Fair and Expeditious Appeal. Asylum and Exclusion Act of 1981. Title V1. The Immigration Emergency Act. Title VIIl. Unauthorized Entry and Transportation Act. Title X. The Emergency Interdiction Act. "The Cuban/Haitian Temporary Resident Act of 1981" would repeal the Cuban Refugee Adjustment Act of 1966 so that undocumented Cubans will not be eligible for adjustment of status upon completion of one year of physical presence in the United States. This proposal would allow most of the undocumented Cuban and Haitian entrants to regularize their status by applying for a new "temporary resident" status. After five years of continuous residence in this country. such Cubans and Haitians could apply for permanent residence. providing they were selfsufficient. had minimal English language ability. and they were not otherwise excludable. "The Fair and Expeditious Appeal. Asylum and Exclusion Act of 1981" grants the United States the authority to conduct expedited proceedings with respect to undocumented aliens encountered at our borders and ports of entry. and at points outside the territorial limits of the United States. Presently. an alien who enters the United States without inspection can submit his asylum request and remain in the United States while his asylum request winds its way through the labyrinth of administrative and judicial channels. Thus. there is an incentive for him to enter the United States without inspection. Current exclusion proceedings are prescribed by section 236 of the Immigration and Nationality Act (INA). That section provides for a hearing before an immigration judge and requires that a complete record of the testimony and evidence be kept. Section 292 of the Act provides right of counsel (at no expense to the government) for any alien in an exclusion proceeding. Under 8 C.F.R. 236.2. the immigration judge must advise the alien of his right to counsel of his choice and of the availability of free legal services. A decision by the immigration judge that the alien is excludable is appealable to the Attorney General under section 236(b). The Board of Immigration Appeals (BIA) was created by the Attorney General administratively to hear such appeals (8 C.F.R.. Part 3). Under 8 C.F.R. 236.7. the alien has 13 days after a written decision of exclusion is mailed to file an appeal with the B7A.