I

103D CONGRESS

1ST SESSION H. R. 3663

To reaffirm the obligation of the United States to refrain from the involuntary

return of refugees outside the United States, designate Haiti under

Temporary Protected Status, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mrs. MEEK (for herself, Mr. GILMAN, Ms. BROWN of Florida, Mr. OWENS,

Mr. MFUME, Mr. TOWNS, Mr. RUSH, Mrs. CLAYTON, Mr. SCOTT, Mr.

LEWIS of Georgia, Mr. WATT, Mr. HILLIARD, Mr. ROMERO-BARCELO ́,

Miss COLLINS of Michigan, Mr. FLAKE, Mr. TUCKER, Ms. WATERS, Mr.

JEFFERSON, Mr. PAYNE of New Jersey, Mr. RANGEL, Ms. PELOSI, Mr.

WYNN, Mr. JACOBS, Mr. FRANK of Massachusetts, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. CONYERS, Mr. HASTINGS, Mr. FOGLIETTA, Ms.

MCKINNEY, Mr. SERRANO, Mr. WASHINGTON, Mr. DE LUGO, Mr.

CLYBURN, Mr. ENGEL, and Mr. DELLUMS) introduced the following bill;

which was referred jointly to the Committees on Foreign Affairs and the

Judiciary

A BILL

To reaffirm the obligation of the United States to refrain

from the involuntary return of refugees outside the United States, designate Haiti under Temporary Protected

Status, and for other purposes.

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

2 This Act may be cited as the ‘‘Haitian Refugee Fair3 ness Act’’.

4 SEC. 2. ADHERENCE TO INTERNATIONAL LAW REQUIRE5 MENT OF NONREFOULEMENT.

6 (a) CONGRESSIONAL STATEMENT.—It is the sense of

7 the Congress that Article 33 of the Convention Relating

8 to the Status of Refugees (done at Geneva, July 28,

9 1951), as applied under Article I of the Protocol Relating

10 to the Status of Refugees (done at New York, January

11 31, 1967), imposes an obligation upon states which are

12 party to the Protocol that applies wherever the states act

13 and without territorial limitation, and Congress reaffirms

14 that this Article 33 obligation applies to actions of the

15 United States with respect to individuals within and with16 out the territorial boundaries of the United States.

17 (b) OBLIGATIONS OUTSIDE THE UNITED STATES.—

18 The United States Government shall not return, cause to

19 be returned, or affect the movement in any manner which

20 results in returning, a national or habitual resident of a

21 country, who is outside the territorial boundaries of the

22 country of nationality or residence to the territory where

23 the individual’s life or freedom would be threatened, and

24 no funds may be expended without respect to any such

25 return, unless the United States Government first deter26 mines in a manner that incorporates procedural safe-
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1 guards consistent with internationally endorsed standards

2 and guidelines that such individual is not a refugee of such

3 country under Article 1 of the Convention Relating to the

4 Status of Refugees (done at Geneva July 28, 1951) as

5 applied under Article I of the United Nations Protocol Re6 lating to the Status of Refugees (done at New York, Janu7 ary 31, 1967) or a person designated under Article 33

8 of the Convention Relating to the Status of Refugees.

9 (c) OBLIGATIONS WITHIN THE TERRITORIAL WA10 TERS OF ANOTHER COUNTRY.—The United States Gov11 ernment shall not return, cause to be returned, or affect

12 the movement in any manner which results in returning,

13 a national or habitual resident of a country, who is within

14 the territorial waters of his or her country of nationality

15 or habitual residence, to the land frontier or territorial

16 land of the country of nationality or residence where the

17 individual’s life or freedom would be threatened, and no

18 funds may be expended with respect to any such return,

19 unless the United States Government first determines in

20 a manner that incorporates procedural safeguards consist21 ent with internationally endorsed standards and guidelines

22 that if that individual were outside the territory of the

23 country of nationality or habitual residence such individ24 ual would not be a refugee of such country under Article

25 I of the Convention Relating to the Status of Refugees
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1 (done at Geneva, July 28, 1951) as applied under Article

2 I of the United National Protocol Relating to the Status

3 of Refugees (done at New York), January 31, 1967) or

4 a person designated under Article 33 of the Convention

5 Relating to the Status of Refugees. This subsection shall

6 not constitute authority for conducting operations by the

7 United States Government within the territorial waters of

8 another country.

9 (d) LIMITATIONS.—The provisions of this section do

10 not apply to an individual if—

11 (1) such individual ordered, incited, assisted, or

12 otherwise participated in the persecution of any per13 son on account of race, religion, nationality, mem14 bership in a particular social group or political opin15 ion; or

16 (2) such individual, having been convicted by a

17 final judgment of an aggravated felony (as defined

18 in section 101(a)(43) of the Immigration and Na19 tionality Act), constitutes a danger to the commu20 nity of the United States.

21 (e) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to impose new obligations on the

23 Government of the United States in its treatment of na24 tionals and habitual residents of a country at United

25 States diplomatic and consular missions in that country.
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1 SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS.

2 (a) DESIGNATION.—

3 (1) IN GENERAL.—Haiti is hereby designated

4 under section 244A(b) of the Immigration and Na5 tionality Act (8 U.S.C. 1254a(b)), subject to the

6 provisions of this section.

7 (2) PERIOD OF DESIGNATION.—Such designa8 tion shall take effect on the date of the enactment

9 of this Act and shall remain in effect for a period

10 of 24 months from the date of enactment of this Act

11 or until such time as the President certifies to Con12 gress that a democratically elected government is se13 curely in place in Haiti, whichever occurs later.

14 (b) ALIENS ELIGIBLE.—In applying section 244A of

15 the Immigration and Nationality Act pursuant to the des16 ignation under this section, subject to section 244A(c)(3)

17 of such Act, an alien who is a national of Haiti meets

18 the requirement of section 244A(c)(1) of such Act only

19 if—

20 (1) the alien has been continuously physically

21 present in the United States since November 17,

22 1993;

23 (2) the alien is admissible as an immigrant, ex24 cept as otherwise provided under section

25 244A(c)(2)(A) of such Act and is not ineligible for
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1 temporary protected status under section

2 244A(c)(2)(B) of such Act; and

3 (3) the alien registers for temporary protected

4 status in a manner which the Attorney General shall

5 establish.

6 (c) REGISTRATION FEE.—Subject to section

7 244A(c)(3) of the Immigration and Nationality Act, the

8 Attorney General may provide for the payment of a fee

9 as a condition of registering an alien under subsection (b)

10 of this section.

11 SEC. 4. REIMBURSEMENT FOR STATE AND LOCAL GOVERN12 MENT COSTS.

13 Notwithstanding any other provision of law, the At14 torney General shall reimburse from funds authorized

15 under section 404(b)(1) of the Immigration and National16 ity Act, State and local governments for incremental costs

17 associated with Haitian nationals who are paroled into the

18 United States by the Immigration and Naturalization

19 Service under section 212(d)(5) of the Immigration and

20 Nationality Act.
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1 SEC. 5. FUNDING FOR COMMUNITY RELATIONS SERVICE OF

2 THE UNITED STATES DEPARTMENT OF JUS3 TICE AND CUBAN/HAITIAN PRIMARY SECOND4 ARY MIGRATION PROGRAM FOR FISCAL

5 YEARS 1994, 1995 AND 1996.

6 (a) COMMUNITY RELATIONS SERVICE.—Of the funds

7 appropriated for the United States Department of Justice

8 for fiscal years 1994, 1995, and 1996, not less than

9 $27,000,000 shall be made available in each fiscal year

10 to the Community Relations Service.

11 (b) CUBAN/HAITIAN PRIMARY SECONDARY MIGRA12 TION PROGRAM.—Of the funds referred to in subsection

13 (a), not less than $6,000,000 in each of fiscal years 1994,

14 1995, and 1996 shall be used to provide primary and sec15 ondary resettlement services for Cubans and Haitians pa16 roled into the United States by the Immigration and Nat17 uralization Service under section 212(d)(5) of the Immi18 gration and Nationality Act.

19 SEC. 6. CUBAN/HAITIAN ENTRANT EMERGENCY FUND.

20 Section 404 of the Immigration and Nationality Act

21 (8 U.S.C. 1101, note.) is amended by adding at the end

22 the following new subsection:

23 ‘‘(c) CUBAN/HAITIAN ENTRANT EMERGENCY FUND.

24 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated for fiscal

26 year 1994 and any subsequent fiscal year to a
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1 Cuban/Haitian Entrant Emergency Fund to be es2 tablished in the Treasury, an amount sufficient to

3 provide for a balance of $5,000,000 in such fund, to

4 be used to carry out the purposes described in para5 graph (3).

6 ‘‘(2) CONDITIONS FOR USE OF FUND.—Funds

7 which are authorized to be appropriated by para8 graph (1) shall be available whenever—

9 ‘‘(A) the number of Cubans and Haitians

10 paroled into the United States by the Immigra11 tion and Naturalization Service under section

12 212(d)5 of the Immigration and Nationality

13 Act in a single fiscal year has exceeded the esti14 mate made by the Attorney General as required

15 in paragraph (4), and

16 ‘‘(B) funds appropriated for the Cuban/

17 Haitian Primary/Secondary Resettlement Pro18 gram are inadequate to provide primary and

19 secondary resettlement services at the fiscal

20 year 1993 funding and service level.

21 ‘‘(3) lll. Funds which are authorized to be

22 appropriated by paragraph (1) shall be available

23 solely for the purpose of assisting with the process24 ing, placement and reception of Cubans and Hai25 tians paroled into the United States by the Immigra-
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1 tion and Naturalization Service under section

2 212(d)(5) of the Immigration and Nationality Act.

3 ‘‘(4) ANNUAL ESTIMATION OF CUBAN AND HAI4 TIAN PAROLEES.

5 ‘‘(A) The Attorney General of the United

6 States shall submit each year, concurrent with

7 the President’s annual budget request, an esti8 mate of the number of Cubans and Haitians

9 who are expected to be paroled into the United

10 States under section 212(d)(5) of the Immigra11 tion and Nationality Act in the next fiscal year.

12 Such estimate shall be made independently

13 from the budget request for any programs for

14 Cuban and Haitian parolees.

15 ‘‘(B) In determining the estimate required

16 by paragraph (4)(A), the Attorney General shall

17 take into consideration a number of factors, in18 cluding but not limited to—

19 ‘‘(i) previous experience and current

20 trends in the number of Cubans and Hai21 tians paroled into the United States under

22 section 212(d)(5) of the Immigration and

23 Nationality Act, and

24 ‘‘(ii) political circumstances and

25 trends in Cuba and Haiti.’’.
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