101st Congress, 2d Session House Document 101-132

MEMORANDUM OF DISAPPROVAL

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

M EM ORANDUM OF DISAPPROVAL OF H.R. 2712, THE “EMERGENCY

CHINESE IMMIGRATION RELIEF ACT OF 1989”

J a n u a r y 23, 1990.—Message and accompanying bill were ordered to be

printed

39-011

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1990
MEMORANDUM OF DISAPPROVAL

In light of the actions I have taken in June and again today, I 

am withholding my approval of H.R. 2712, the “Emergency Chinese 

Immigration Relief Act of 1989.” These actions make H.R. 2712 

wholly unnecessary.

I share the objectives of the overwhelming majority in the Congress who passed this legislation. Within hours of the events of 

Tiananmen Square in June, I ordered the Attorney General to 

ensure that no nationals from the People’s Republic of China be deported against their will, and no such nationals have been deported. Since June, my Administration has taken numerous additional 

and substantive actions to further guarantee this objective.

Today I am extending and broadening these measures to provide 

the same protections as H.R. 2712. I am directing the Attorney 

General and the Secretary of State to provide additional protections to persons covered by the Attorney General’s June 6th order 

deferring the enforced departure for nationals of China. These protections will include: (1) irrevocable waiver of the 2-year home 

country residence requirement which may be exercised until January 1, 1994; (2) assurance of continued lawful immigration status 

for individuals who were lawfully in the United States on June 5, 

1989; (3) authorization for employment of Chinese nationals present 

in the United States on June 5, 1989; and (4) notice of expiration of 

nonimmigrant status, rather than institution of deportation proceedings, for individuals eligible for deferral of enforced departure 

whose nonimmigrant status has expired.

In addition, I have directed that enhanced consideration be provided under the immigration laws for individuals from any country 

who express a fear of persecution upon return to their country related to that country’s policy of forced abortion or coerced sterilization.

These further actions will provide effectively the same protection 

as would H.R. 2712 as presented to me on November 21, 1989. 

Indeed, last June I exercised my authority to provide opportunity 

for employment to a wider class of Chinese aliens than the statute 

would have required. My action today provides complete assurance 

that the United States will provide to Chinese nationals here the 

protection they deserve.

It has always been my view, and it is my policy as President, 

that the United States shall not return any person to a country 

where he or she faces persecution.

I have under current law sufficient authority to provide the necessary relief for Chinese students and others who fear returning to 

China in the near future. I will continue to exercise vigorously this

(l)
2

authority. Waivers granted under this authority will not be revoked.

Maintaining flexibility in administering our productive student 

and scholar exchange program with China is important. As many 

as 80,000 Chinese have studied and conducted research in the 

United States since these exchanges began. I want to see these exchanges continue because it is in the national interest of the 

United States to promote the exchange of technical skills and ideas 

between Chinese and Americans. It is my hope that by acting administratively, we will help foster the continuation of these programs.

My actions today accomplish the laudable objectives of the Congress in passing H.R. 2712 while preserving my ability to manage 

foreign relations. I would note that, with respect to individuals expressing a fear of persecution related to their country's coercive 

family policies, my actions today provide greater protection than 

would H.R. 2712 by extending such protection worldwide rather 

than just to Chinese nationals. Despite my strong support for the 

basic principles of international family planning, the United States 

cannot condone any policy involving forced abortion or coercive 

sterilization.

I deplore the violence and repression employed in the Tiananmen events. I believe that China, as its leaders state, will return to 

the policy of reform pursued before June 3. I further believe that 

the Chinese visitors would wish to return to China in those circumstances, in which case I would hope that the knowledge and experience gained by the Chinese visitors temporarily in our country be 

applied to help promote China's reforms and modernization.

The adjournment of the Congress has prevented my return of 

H.R. 2712 within the meaning of Article I, section 7, clause 2 of the 

Constitution. Accordingly, my withholding of approval from the bill 

precludes its becoming law. The Pocket Veto Case, 279 U.S. 655 

(1929). Because of the questions raised in opinions issued by the 

United States Court of Appeals for the District of Columbia Circuit, 

I am sending H.R. 2712 with my objections to the Clerk of the 

House of Representatives.

George Bush.

The White House, November SO, 1989.