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103D CONGRESS

2D SESSION H. R. 4264

To express United States policy regarding the restoration of democratic constitutional government in Haiti, to grant temporary protected status

to Haitians until such a government is restored, and to terminate the

migrant interdiction agreement between the United States and Haiti.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1994

Mr. CONYERS introduced the following bill; which was referred jointly to the

Committees on Foreign Affairs and the Judiciary

A BILL

To express United States policy regarding the restoration

of democratic constitutional government in Haiti, to

grant temporary protected status to Haitians until such

a government is restored, and to terminate the migrant

interdiction agreement between the United States and

Haiti.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds that—

5 (1) Jean-Bertrand Aristide was elected Presi6 dent of Haiti in a landslide victory on December 16,
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1 1990, in the first free and fair election in Haiti’s

2 186 year history; and

3 (2) the unconstitutional seizure of power by the

4 Haitian military is repugnant to all democratic na5 tions, and represents an affront to all who believe in

6 democracy.

7 SEC. 2. UNITED STATES POLICY.

8 It shall be the policy of the United States that—

9 (1) President Aristide should be allowed to re10 turn to Haiti immediately and be reinstated as the

11 constitutional President of Haiti;

12 (2) the United States will work in close coordi13 nation with the Organization of American States

14 and the United Nations to implement any applicable

15 trade embargo against Haiti;

16 (3) until President Aristide is returned to his

17 constitutional place in Haiti, the United States will

18 extend emergency humanitarian assistance to Hai19 tians fleeing the oppression of military dictatorship

20 in Haiti; and

21 (4) the United States Coast Guard should con22 tinue search and rescue measures in the inter23 national waters surrounding Haiti, but shall cease

24 any activities to forcibly return Haitians against
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1 their will to Haiti so long as the military dictator2 ship remains in power.

3 SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS.

4 (a) DESIGNATION.—During the period specified in

5 subsection (c) of this section, Haiti shall be deemed to

6 have been designated under section 244A(b)(1) of the Im7 migration and Nationality Act (relating to temporary pro8 tected status).

9 (b) ELIGIBLE HAITIANS.—Any alien—

10 (1) who is a national of Haiti who is present in

11 the United States at any time during the period de12 scribed in subsection (c) of this section,

13 (2) who meets the requirements of section

14 244A(c)(1)(A)(iii) of the Immigration and National15 ity Act, and

16 (3) who, during the period described in sub17 section (c) of this section, registers for temporary

18 protected status to the extent and in a manner

19 which the Attorney General establishes,

20 shall be granted temporary protected status for the dura21 tion of that period and section 244A(a)(1) of the Immigra22 tion and Nationality Act shall apply with respect to such

23 alien.

24 (c) PERIOD OF DESIGNATION.—The designation pur25 suant to subsection (a) shall be in effect during the period
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1 beginning on the date of enactment of this Act and ending

2 on the date on which the President certifies to the Con3 gress that democratically elected government has been re4 stored in Haiti consistent with the Haitian Constitution.

5 Subsections (b)(2) and (b)(3) of section 244A of the Im6 migration and Nationality Act do not apply with respect

7 to the designation pursuant to subsection (a) of this

8 section.

9 SEC. 4. TERMINATION OF BILATERAL MIGRANT INTERDIC10 TION AGREEMENT.

11 The President shall notify the Government of Haiti

12 immediately of the intention of the United States Govern13 ment to terminate the agreement between the United

14 States and Haiti relating to migrant interdiction (effected

15 by the exchange of notes signed at Port-au-Prince on Sep16 tember 23, 1981; 33 UST 3559, TIAS 6577); and the

17 United States shall not take any actions pursuant to that

18 agreement after the date of enactment of this Act.

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