Speech #980010022

Chairman. my State has been through that quandry and I dont think we could handle another such crisis without severe effects. The effects of such an emergency could be lessened considerably on Florida and other states if only we examined the experiences of 1980 and took the necessary steps to secure a contingency plan for mass migrations. I am here today to urge the Congress and especially the Administration to finalize a policy on immigration emergencies. We must never let another country dictate a position to us because of a lack of U.S. policy. We must be prepared. Castro and others must receive the message that we can control our borders. Today. I will introduce legislation to give explicit powers to the U.S. government for immigration emergencies. This emergency powers legislation is almost identical to the amendment I introduced last year with which the Subcommittee is familiar. In addition to a contingency plan based on current law. I feel that it is necessary to have additional legal authorities for responding to declared immigration emergencies. Last year. I withdrew my amendment to the Immigration Reform and Control Act when I received assurances from both the Justice Department and the State Department that the Administration does have authority under existing law to respond to mass migrations. The Justice Department indicated that it has developed such a plan to control future crisis situations. Yet. such a plan is still not in place and there is still considerable debate as to the legal authority for such powers. My proposed legislation would lay the groundwork for such a plan. First. the bill would allow the President to declare an immigration emergency if a substantial number of documented aliens are about to embark. or have embarked. for U.S. shores and in his Judgement. additional procedures and resources are needed to respond. Within 48 hours. the President would notify the President ProTempore of the Senate and the Speaker of the House that such a declaration had been made and the reasons for such action. The emergency period would be for 120 days or sooner if the President so determines. The emergency could also be extended for an additional 120 days. During such 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 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. However. vessels not involved in the migration could obtain authorization 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 excluded or admitted to the United States for a hearing. And. my bill 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 the aliens be returned to the country from which they came.