I
103D CONGRESS
2D SESSION
H. R. 4264
To express United States policy regarding the restoration of democratic con-
stitutional 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) Jean-Bertrand Aristide was elected Presi-
dent of Haiti in a landslide victory on December 16,
1990, in the first free and fair election in Haiti’s
186 year history; and
(2) the unconstitutional seizure of power by the
Haitian military is repugnant to all democratic na-
tions, and represents an affront to all who believe in
democracy.
SEC. 2. UNITED STATES POLICY.
It shall be the policy of the United States that—
(1) President Aristide should be allowed to re-
turn to Haiti immediately and be reinstated as the
constitutional President of Haiti;
(2) the United States will work in close coordi-
nation with the Organization of American States
and the United Nations to implement any applicable
trade embargo against Haiti;
(3) until President Aristide is returned to his
constitutional place in Haiti, the United States will
extend emergency humanitarian assistance to Hai-
tians fleeing the oppression of military dictatorship
in Haiti; and
(4) the United States Coast Guard should con-
tinue search and rescue measures in the inter-
national waters surrounding Haiti, but shall cease
any activities to forcibly return Haitians against
their will to Haiti so long as the military dictator-
ship remains in power.
SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) DESIGNATION.—During the period specified in
subsection (c) of this section, Haiti shall be deemed to
have been designated under section 244A(b)(1) of the Im-
migration and Nationality Act (relating to temporary pro-
tected status).
(b) ELIGIBLE HAITIANS.—Any alien—
(1) who is a national of Haiti who is present in
the United States at any time during the period de-
scribed in subsection (c) of this section,
(2) who meets the requirements of section
244A(c)(1)(A)(iii) of the Immigration and National-
ity Act, and
(3) who, during the period described in sub-
section (c) of this section, registers for temporary
protected status to the extent and in a manner
which the Attorney General establishes,
shall be granted temporary protected status for the dura-
tion of that period and section 244A(a)(1) of the Immigra-
tion and Nationality Act shall apply with respect to such
alien.
(c) PERIOD OF DESIGNATION.—The designation pur-
suant to subsection (a) shall be in effect during the period
beginning on the date of enactment of this Act and ending
on the date on which the President certifies to the Con-
gress that democratically elected government has been re-
stored in Haiti consistent with the Haitian Constitution.
Subsections (b)(2) and (b)(3) of section 244A of the Im-
migration and Nationality Act do not apply with respect
to the designation pursuant to subsection (a) of this
section.
SEC. 4. TERMINATION OF BILATERAL MIGRANT INTERDIC-
TION AGREEMENT.
The President shall notify the Government of Haiti
immediately of the intention of the United States Govern-
ment to terminate the agreement between the United
States and Haiti relating to migrant interdiction (effected
by the exchange of notes signed at Port-au-Prince on Sep-
tember 23, 1981; 33 UST 3559, TIAS 6577); and the
United States shall not take any actions pursuant to that
agreement after the date of enactment of this Act.
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