Speech #980005904

Mr. President. the legislation I am introducing today would lay the groundwork for such a contingency plan. First. the bill would allow the President to declare an immigration emergency if a substantial number of undocumented aliens are about to embark. or have embarked. for U.S. shores and in his judgment. additional procedures and resources are needed to respond. Within 48 hours. the President would notify the President pro tempore of the Senate and the Speaker of the House that such a declaration had been made and the reasons for such action. An announcement would be made in the Federal Register. The emergency period would end after 120 days or sooner if the President so determines. The emergency could also be extended for an additional 120 days. During a declared emergency. the President would have the authority to take special steps to cut off a massive influx of illegal aliens. In order to prevent the likes of a Mariel boatlift or mass migration of thousands of Haitians from Haiti and the Bahamas. the President would have the authority to restrict departures of U.S. registered boats from ports and harbors which could be used as staging points for bringing aliens into the United States. Fines and penalties could be imposed on those who violate the restrictions. Persons on vessels not involved in the migration could obtain authorizations to leave the port. In addition. Government agencies such as the Coast Guard would be allowed to assist in preventing unauthorized immigration by intercepting ships bound for staging areas. In order to assure that this aspect of the contingency plan is effectively enforced. the President would be able to use the resources of other Federal agencies. Under this legislation. an alien who arrives in the United States without proper documentation could be summarily excluded from entering the United States if he does not appear to have a legitimate asylum claim. This provision could also be used to stop undocumented aliens traveling by sea to the United States before they reach U.S. territorial waters. utilizing the Presidents existing authority to interdict foreign vessels on the high seas. The Attorney General would develop procedures for deciding whether an alien shall be excludeg or admitted to the United States for a hearing. Finally. my legislation would allow for aliens who are admitted to the United States to be held in detention at Federal facilities specified by the President until their immigration status is determined. Aliens who are ineligible for asylum in the United States would be returned to the country from which they came. or a third country. Current law requires that aliens be returned to the country from which they came. In both the Cuban and Haitian influxes. this was to be impractical because the Cuban Government refused to repatriate the refugees and many of the Haitians had come from the Bahamas. not Haiti. This provision of my bill would make the law more flexible and hopefully. more enforceable. The purpose of my bill is not to close our doors to the legitimate refugee. We have a great responsibility and tradition as a free. democratic nation to assist those fleeing from persecution and repression. Yet. we cannot accept every alien who arrives on our shores simply because they are here. The legal definition of refugee is very narrow and should be reserved for those who are truly victims of persecution. We must. case by case. make a decision about the status of an alien. Such screening demands a comprehensive plan and procedure. I do not feel we have anything close to this now in our immigration policy especially for mass migration. Some will argue that the President now has the authority to exercise such a plan under his implied powers and his authority as Commander in Chief under the Constitution and I am inclined to agree. However. there are many who hold different views. I cannot stand by and witness another crisis like the Mariel boatlift while we debate the Presidents authority for such powers here in the Congress or in the courts. I believe that it is crucial that we define the precise powers and responsibilities of the President and the Federal Government during immigration emergencies. Immediate action during such emergencies is the only effective tool. I believe my bill sets forth a contingency plan that allows for swift action.