Memorandum '"US*" CO 807-C CO 3S0-C Alien Border Control Subject Group To See rv - (ABC) Contingency Ccrtroit D«m Plans Oisrriburic Fron NOV Ig jgge Investigations Qivisic: Itnnigracicn and Naturalization Service Tha cuzpcsa of this memorandum is to document the preliminary decisions made ac the meeting of the A3C Suhconni traa cn Csnsin^aney ?Ls".s. Attached , as previously indicated, you find the follcwirg: inirial will o .Memoranda from the IHS Office of Intelligence implementing Csrrraittee and creating the working group subcarmi trees; o A o listing of Group Vf of nar.es, agency components, Subcommittee members; and addresses and telephone the ABC numbers prepared by this office which preceded formation of the but which nonetheless relates to the sub jeer matter of our Subcsmai;;9«. This L attar document: should be regarded as a 'voc.'sir^ pacer provided for official use only. A document: Connittee, Additionally, at the upcoming meeting, Subcommittee .-embers will be provided with a copy of the memorandum from former Ceputy Attorney ' General Lowell Jensen , dated June 27, 1986 which established the ABC Cmrmitree and provided its mandate. The Subccmmirree agreed that biweekly meetings should be held ever/ other Tuesday, until our agenda and recctrmendations to the full Committee are formalized. The next veering will be held on Tuesday, November 25, 19S6 at 10:CO an here at INS Central Office, 425 Eye Street", N.W., Washington, D.C. 20536. The Management Conference Room (7006) will again be reserved for the meeting. Should Subcctnnittee members desire, at that tirre we will discuss the desirability of rotating the meeting locations exong and between components . ABC Canrutree, TV Group 2 Also as agreed by the Subctinnittae, the following format: 1. the series of -neesir.es will, cor.iczrr. to examination of the problem of alien terrorists as ceiated. to tha and visa issuance; ways to tighten such procaduras or alternatives which may be exercised. SuLcauui ttee cambers should be prepared to discuss the problems their agency has faced, and practical Members should also be prepared solutions. to discuss Likely scenarios which could occur (within the bounds of reason) , and reccrricendaticns which address or contravene such possible scenarios. An State Ceparrmenc 2. the Onited States (as indicated above), we proceed to an examination of the ports of entry, locking to the problems air a any experienced or the scenarios likely to occur, for which there should be continaency plans, or Ear which already existing cenrirgency plans should be rceshed. 3. {text, From outside entry, result 4. will focus on the border areas between ports of and exclusion ac the ports will Likely in an attempt ac penetration through illegal entry. the SuLx.u.mictee insofar as detection Lastly, an examination of the problems associated with alien terror ists or potential terrorists who are within the interior of _ tr.e Cnited States. progression described above should provide an orderly acproacr. to our tasks, as --ell as ensure that we do not leave any areas of concern unaddrassed. is recognized that the above series of meetings will have overlap with' 'areas of concern to be addressed by other subcommittees. However, such overlap will, in turn, be addressed in the final report of I look forward to the full Camiittee and should not overly concern us. seeing you at the next meeting. The It (JoJm^ ^ . Ca
r ' s
Ccnfsr-gnca
?.3'-":;:
inspections
eor-Jer Patrol
Investigations
Jetention/jep-ji-tat ion
ndan'n iscracion/ScCuri
ty
leanera 1 Counsel
Participants
-ssis^ayt
in
tnis tisetina
Co^nissioner
'Tntal [t^snca
snou'a jlso olan to icc^nu
c:ie
.'a-r.-.as-:
sreetin-.
Memorandum
WF 1650
Alien Border Contra 1 Ccirmittaa
Subject
Date
OCTOBER
List
Distribution
To
F-ois
o
i
;ss5
Office of Intelligence
(CO HIT)
first
of the Alien 3arder Control
of Justice on September 17, 198S.
nesting
(A8C) Committee was held at tne
flelsan cnairsd this
Commissioner
meeting wnich was attended by representatives
of OCJ components and a nuncer of
other agencies including State (Department, Customs, F3I and U.S. Marsnal 1s.
ine
Department
organizational
established four separata working groups as well
for each group. The working groups ana
organizational participants for each are as follows:
The
meeting
the responsible
chairmanships
[:
States.
and Methods
Grouo
CHAIR:
Means
to prevent known
terrorist
frcm
entering
the ,United
Intel ligenca
INS
Participating
Components:
FBI
.
Customs/ I ntell igence
State Dept. /Consular Affairs
State Dept. /Counter-Terrorism
Division
DOJ/Criminal
CIA
0OJ/JM0
(SCT)
II: Oevelocme.nt of visa restrictions for aliens frcm certain countries
or aliens of certain categories wno are likeiy co oe supportive of carranst
activity witmn ;ne Umteo States.
Grouo
CO CHAIR:
INS Inspections
State Oept/Consular
Participating
Components:
as
Affairs
OOJ/Intell igence Policy and Review (0I?R)
OCJ/Legi slati ve and Intergovernmental Affairs
(OUA)
DOJ/Criminal
Division (OIC)
State/Counter Terrorism (SCT)
[II : E.tolusion from the United States of Alien
in conformity witn trieir itKmiaration status, ana
activists
.Group
E.tcediticus
protecting
deoortation
classifies
INS General
CHAIR:
Participating
Group
[V :
the U.S.
CHAIR:
of aliens
information
enaaced in suooort
ana its sources.
of terrcrisr^
Components:
while
.
and Intergovernmental Affairs
(OLIA)
0OJ/ Intelligence Policy and P.sviaw (0I?P>)
OOJ/Criminal Division State Oept.
OOJ/Office of Immigration Review ( EQ IR )
FBI
CIA
DOJ/Legislative
for rsnoval of seiectsd
aliens
Ccmoonents:
OOJ/Security
OOJ/Criminal
DOJ/Offica of
Programs)
Oivision
Legal
Planning
(OLD)
OOJ/Office of Legislative
Affairs (OCIA)
ana
(Office of Justice
intergovernmental
U.S. Marshals
F3I
Customs
Working
frcrn
Investigations
Participating
Group
participating
nor
Counsel
A review of contingency plans
ana seen no of -,ne oor-oers.
INS
who are
Chairpersons
components
will contact representatives
in the near future.
of identified
64
Memorandum
CO 807-C
CO 350 -C
Alien 3order Control
Subject
IV
Group
-
(ABC) Ccmnittas
Contingency Plans
OCT 3 1 i==5
To
Sea
Distribution
Frota
Investications
(COINV)
As you
will recall
September
identified
(Group
IV).
17,
as
"
at the preliminary meeting of the ABC Committee held
1986 at the Justica Department, your agency csmccnent was
a oarticipant in the Subcommi ttas on Contingency
Plans
Assistant Commissioner for Investigations, I am charged witn lead
responsibility for the effort.
I have designated Senior Special Agent
Walter Cadman as my staff coordinator.He is establishing a staff-level
working group.
to
to 'designate a representative
You are requested
As
'participate
in the group.
6, 1986 at 1:30 pm.
An
initial
will be neld
facilitate mattars,
meeting
Thurscay,
I reauest
that
your designated representative contact Mr. Cacman as socn as
possible, and (2) he cr she be prepared to discuss an agenda of tccics the
group should consider, and bring any existing" -materials which might be.
Novemoer
(I)
helpful in
th$
In order to
deliberations.
group's
will be held at INS Central Office, Management Conference Room
7006jj-i^5 2ns Street, N.M.
Mr. Cadman may be reached at 633-3093.
The meeting
?. SHAW
Assistant Ccmmiss
JOHN
,
Investigations
Department of Justice
Immigrzzon and Naturalization Sen
E?vegilgza?sn:
EVESEGE
. 2-
4.7137413}.
as??
O??y -
-S
.1. 33311252227
TABLE OF CDHTEHTS
Foreword
1
Executive
11
Sumnary
Background . . . .
*
Assumptions
2
Operational Plan
-
-
*
Registry
General
'
Limited Targeting...'
3
Prosecutions
Other Program Reccraiendatians
-
Exclusion
-
Surrmary
Entry
and
Oeparture Controls...'.
3
-r»-
Suspension"or entry
u
Prevention of Status Adjustments
Oetancion Ouring Proceedings
13
'-0
Appendices
Office
of the General
Statistical
Analysis
Inspections
Oivision
8order
Press
12
Branch
13
;
17
Pacrol Oivision
Detention
Office
Counsel
and
Oeportation Oivision
of Refugee
Information
Adjudications
13
and
Parole
Office
22
....
27
29
20
FOREWORD
United Statas
"Patterns of Global
The
of State,
Department
Terrorism,"
its
through
report,
annual
has thoroughly documented
the facts
that
officials,
(L) Unitad States citizens, governmental and military
businesses and properties are increasingly targeted for violent action by
terrorists,
international
by
radical
activities
To
and (Z) such
governments of certain
and/or political
the nations
are frequently
sponsored
foreign statas which support their
goals.
date, these terrorists
their activities
terrorists
and
their sponsors
against American
of Western Europe,
have
-anifsstaa
primarily
interests in thira countries,
Africa
activities
North
and
the Micole East.
such
as
However,
tie increasing potential for such
occurring within the bcrcars
of the Unitad States cannot be overlooked; for this reason, it is es
sential that all governmental agencies engage in contingency planning and
coordinated efforts to ensure
the national
It is
that
wit.nin
Immigration
tional
this
and
context
the
Naturalization Service
planning guide.
security
and
Investigations
has prepared
ouclic
safety.
Division
the following
of
the
opera
EXECUTIVE SUMMARY
Investigations
The
(Division has reviewed
under tne Immigration
develop
liminary
0
A
may
government
Briefly,
targeting"
agencies
(I)
summarily
(Z)
act
regulations
and
in this paper, which should
be found
in nature.
"limited
laws
plan relating to alien terrorists
a contingency
options
The
Nationality
and
variety of opticns available
a
to
exclude
to deporz
it
however,
approach
recommends
utilizing
in order
ta
undesirables.
and
be considered,
the following
pre
steps:
from other
information
either:
under Section 225
under
Section
241
(c)'of
(a)(o)(r)
tr.e
Ac~ ;
of the Act;
and where
apoli cable,
(3)
prosecute
under applicable
sections of Titles
3
requiradvrevis ions
to
or
13
of
the
United States Cade.
0
Immediate publication
of
a
few
the Cade of
This should
Federal Regulations in order to implement the above s;=os.
be done without resort to normal proposed rulemaking
arscacurss .
-..0
Request
to
a
Presidential
provide
rsfsrrzi
to
the
Executive Order requiring
information necessary
initially
above.
ii
to
other feoeral agencies
institute
the
proceedings
BACKGROUND
of the United Statas has an obligation to protect its
interests, and those of its citizens, throughout the world. Nowhere is
this obi igation .more pressing than within our own country; however,
government
The
perhaps, nowhere is this obligation
paradoxically
cratic processes and institutions
the fulfillment of that duty.
of
Evidence
history of
welcome
impose a
though,
the
has
and
the agency
potential
entrants
This
burden
on, the
charged with
Iimngration
manning
than here
our
demo
sacrificed in
evident in the fact fh'at the
immigrants.
to
traditional
These
same
facts,
Naturalization
ana
tnose borders
screening
ano
that they are not entering with the intent to
ta ensure
acts of terror either against our
those of any
leges, and
in the world and a
borders
open
hospitality
particular
Service,
commit
longest
difficult
must not be compromised or
is particularly
our. free society
States
United
privi
our constitutional rights and
where
at heme,
more
own government
pacole, or
and
other nation.
responsibility
is particularly
sooering
when
considered
against
the
facts that:
I
I!
0
0
Last year, INS apprehended in
entering
73. different countries
[n many,
ment 2d
to
gain
illegal
in
if
the
not most,
last
access
of
our nation
to the country
where
travel
the
the
from oyer
people
illegally.
terrorist
the methods
commonly,
and
mi 1 1 ion
international
several years,
entry or, more
identity
counterfeit
visas.
the
of 1.25
excess
used by the perpetrators
act was
use
documents
incidents docu
committed,
of altered,
such
as
involved
stolen or
passports
and
ASSUMPTIONS
planning of the Immigration
Operational
cessarily involves certain
realities
in response
taken
ccuntry.
0
involving
will
corporate
will
Act
0
0
(T:cie
when
past exper
certain actions
of American hostages
legislation'
terrorists
3, United States Cede),
in surf icient. ti-.a to
Accordingly
and
related
and
exchange
an
INS and other governmental
functions,
I!
[MS
through
oe
General .
racuiraa
intai licence
to the F3I and CIA.
with national
including cut not limited
"~
will likely
The Service
,
laws and regulations..
of information will
agencies
in
Nationality
and
security
that
in
to ennanca Service
passed
of the Immigration
the parameters
Close cooperation and
and
ne
geopolitical
regulations will likely nequire supplement
issuance of executive Orders of the President and/or Attorney
laws
Suc.n
between
0
crisis,
and
such laws into present contingency planning.
ooerata within
Service
follow.
with alien
to deal
Iranian
as the
not be new or remedial
authorities
organizations,
and
the seizing
to
These assumptions
There
groups
Naturalization
based both on present
assumptions,
terrorist
iences of the Service, such
were
and
required to concentrate its countartarrcrism
be
efforts against particular nationalities or groups known to oe ccmcosed
primarily of certain nationalities, most probably those citizens of
states
0
INS
should
group
those
frcm
0
distinguish
whose presence
who
the
terrorism.
to support
known
have
regime
fled
is inimical
categories
of aliens of the
and
members
seeking
of the nationality
security interests,
from
asylum or are dissidents
in power.
to
processing
those
to national
this country
to
Corollary
nonimmigrants,
isolate
and
the
above,
due
to
initiation
INS
the
should
distinguish
between
nationality group, i.e.,
differing standards which
of proceedings against these
the
broad
immigrants and
exist
two
in
law
classes.
for,
OPERATIONAL
This plan suggests
change,
within
removal
frcm United
As was
noted,
it
aliens
As
who
different:
into
be segmented
the-
also
law requires
populations in
and nonimmigrant
may
incorporates proposals for regulatory
framework of the Act, 1n order to expedite the rapid
States territory of alien terrorists.
the
previously
reason,
It
or options.
strategies
which
approach"
an
PLAN
some
is believed that the most
constitute
a
different
treatment
of immigrant
significant respects. For Lftis
effective actions in removal of
threat would be in the nonimmigrant
category".
perceived, there are two general scenarios within whic.-.
Agents of the Investigations Oivision can operate, given the
presently
Special
necessity to activate
(I)
Conduct
Unites States,
a
an
operational
plan:
registry of all
general
based upon
which decisions
would
aliens would then be subjected to initiation of
(this, generally, follows the phases used dur.iag
Project)
(Z.)
'
;
in a more
limited
specific individuals
purpose
removal .
made
as
to
which
proceedings
expulsion
Iranian Special
the
sphere of operation,
received frcm other governmental
the
be
1!
Engage
" wherein
aliens wit.iin the
nonimmigrant
of
immediate
are targeted
agencies
location,
at
based
least
upon
or intelligence
apprehension,
initially,
information
sources, with
detention
and
of reasons, .particularly resource limitations, trie second
scanario is preferred if Investigations is asked to perform the registry.
Alternatively, bath could be initiated simultaneously, with the registry
functions being performed by other programs of the Service, i.e.,
Oue
to a variety
Examinations,
Oivision
leaving
thus
(supplemented
if
Oiyisions,
by
of the Investigations
Anti-Smuggling and Border- Patrol
the Special
of
Agents
and as necessary)
the
Agents
ta conduct the enforcement,
arrest
and
investigative functions.
General
One
Registry
possible
scenario
of the Act
(i)
Section
221
of
nationality
the
registry
and
and
invalidate
using that
group,
processing procedure.
it indiscriminately
differing political opinions solely
in that
proolems
numcers
of asylum applications
advantages
to
the State Department
would be to request
initiation
of
a
the visas
first
could
the
step
nan
immigrants
to,
together
of wicely
individuals
basis of nationality.
be expected.
registry,
all
invoke
initiate a wholesale
This, of course, is replete with
lumps
on
of
to
There
Large
are, however,
if all operational units
some
of the
Service are involved:
(
I]
the
(2)
It
permits
clear picture of
designated class
It
acts
as
not canply with
the time
(3)
a
It
a
that are
in the United
logical precursor
the
the number
registry or
are
to
and
kind of aliens
within
States;
further
found to be
actions
in
for those
violation
of
who
co
law
at
of registry;
has
of being tasted in administrative tribunals,
courts of appeal, and having been found consti
the benefit
district
courts
tutional
and
and
within
the power of the government.
i
distinct
There are alsa
Iranian
experience
diversion
complete
Service
was
in
to severely
proved
other, important
from
efforts,
disadvantages
efforts.
terms
of
It
0
implemented
was
itself
tigations
and
or public
impeaiments
to effectiveness
ccr.auctad
ncncomp.! ; mce ,
on
the Iranian
during
;eing followed
with registry
based
to
unadle
safety.
registry
arrests
fact
the
to
identify
fact, uncesiraole or
in
the general
in phases,
in
order to
in
at least in par-,
the government was
security
It should be noted that
crisis met with several
resulted
and
expulsion of uncesiraole aliens
imuigratian judges which aliens were,
threat to the nationaT
a
or
The
net result of enforcement:
the
ascribed,
be
may
resources,
INS
registry.
a
functions of the Service
the prosecution
that at deportation hearings,
to presiding
tax
Furthermore,
This
noc encouraging.
of
performance
to
thus
anG
inves
by
not
was
expedi tious ;
registry
identified who
Because the
0
aliens
it
Khomeini,
present
among
little
discing- : ir.
pro-Khomeini vers.:
did
were
did not accomplish
the Iranian
to
tnosa
cut-af -status
in the United
anti-
were
wno
of ".a .-ere oancerous
removal
papulation
between
elements
States;
II
0. The above
'
fore filed
problem
a
was
exaceroated
the fact
by
variety of applications
and
Q
Lastly,
because
the project
was
information resources,
distinguish
isolate
bonds
or release
tation
present
the dangerous
involved technical
inevitably
even
when
on
substantive
ana
blocked
and
1i
elements,
violations of
evidence
final orders of deportation
ty
was
law.
established,
at hearings which
and
removal.
tr.ere-
removal;
thus without the
recognizance, applications
deportabi
aliens
initiated without sufficient
other agencies'
and
.nany
petitions (both sonafice and
asylum- -which further delayed
afide) --especial ly for political
resolution of their deportation hearings,
Dial
that
input
ability
the deportation
and
an
would have
to
charges
These resulted
for relief
frcm
in
low
fresi depor
inability
led
to
to
rapid
Limited Targeting
In order
recurring problems of
avoid
to
gations Oivision
reccnnends
Investi-
the
staps.
following
the
the above natura,
Request" issuance of a Presidential Executive Order invoking the
(1)
provisions of Section ZSO of the Act (8 U.S.C. 1360), directing the
Central
intelligent
and law enforcement
1 i s ts
w i th
of
relating
believed
to
provided
be
assigned
the
by
to alien
and
and other
undesirables
in, or likely
be
agencies to' immediately,
nationalities
names,
evidence
would
Federal Bureau of Investigation,
igence Agency,
Inta-11
provide
identifying
to enter the 'Jnitad States.
maintained in accorda.ica
rfith
the
data
IMS
and
terrorists
Such lists
suspected
and
and other
classifications
originating agencies.
(2)
3ased on such data. Special
with
an
aye
(3)
In
all applicable
toward
location
and
would
Agents
apprehension
initiate investigations
of those identified.
cases, investigations would
be
focusec
on
tna
of deportation charges under Section 241 (a)(5)(F) of the
Act particularly subsections (ii) and (iii), relating to unlawful
assaults and murder of governmental officials or destruction of
development
property.
(4)
Amend
8
C.F.R.
to include a new section,
Z41
read as
to
follows:
International Terrorism. For the purposes of enforcement of the
Act, any alien engaged in acts of international terrorism or sabotage,
or who in his or her capacity as a government official or agent of a
241.2
foreign
power supports
violation of Section
terns "foreign
terrorism"
Code,
and
such terrorism,
241
power,"
(a)(6)(F).
"agent of
or sabotage
For
a
the purposes
apply.
be
deemed
in
of this part, the
foreign power," "international
"sabotage" as defined in Title
Section 1801, shall
shall
50
of the United
States
Furthermore
final
procedures,
section should
new
as
Routinely hold
the national
any
this
rule in the Federal
making
(5)
,
bond
security
Register without resort
of national
a matter
any
alien
and
public safety;
charged
so
judges in
by immigration
immediately puolished
be
a
rule
proposed
security.
without bona,
vigorously
appeal
bond
to
as
oppose
proceedings
to
a dancer
as
granting of
an
that
same
basis; intrcduca any material necessary to sustain the government's
position under the provisions of 8 C.F.R. 242. L7 , relating to sub
mission of classified information to the immigration judge in camera
for inspection and use in arriving at a decision favoraole to the
government.
(5)
As
corollary,
a
closely mirror the language
require that the evidence
confidential
the
amend
language of that provision
C.F.R.
classified, but
in 8
found
be
235.3, which
oniy
to .-ore
not
coas
it
requires that
te
in nature.
As another corollary,
(7)
suocart (b) as follows:
242.14- (b); . Sufficiency
of
amend
8
C.F.R.
in national
evidence
242.14,
to
include
a new
security proceedings,
[n
arising frcm a proceeding brought against an alien in which
it. is alleged that there are substantial security interests of tne
United States at risk, the alien shall remain under the conditions of
release imposed by the government pending final resolution of all
any
appeal's
appeal s .
Again, this
rule, without
(3)
the
Lastly,
new
provision
the delays
in
immigration
all
should
inherent
be
immediately
in the proposed
such cases, the government
judge
relating
to
the basis
of the national
of the general public
security.
the* exc 1 us i on
rulemaking
should
invoke the provisions
to
publisned
of
as
final
process.
routinely
3
a
C.F.R.
request
242.16
frcm the hearings
on
It
should
be
used
which
rest.
to
established
any
all
in conjunction with
the single
should
that in all cases where this charge is usad,
notad
be
a
to oppose
of
a
has a "fallback*
in terrorism- should
involvement:
the
way,
position
on
cannot:
be
charge
relief,
be used
sustain
and
the government
by
outrignt order of
an
'
expeditious removal.
and
this,
in
is used (such as the overstay provisions) ,
derogatory nature which tends to support proof
otherwise-available
deportation
the government
le charges;
lesser charge
available
of the- alien's
app 1 i cab
in those cases where
Furthermore ,
and
evidence
fail,
charge
other
it should
Prcsacutions
The
Investigations
should
Division
be maintained
.criminal violations
Unitad
would
INS
by
should
States Attorney.
that
proposes
this project,'
during
be
immediately
violations
Potential
prosacuticn post-re
a vigorous
all
and
encountered
appropriate
to 'the
presented
that might
encountered
be
include:
0
False documents charges
0
Falsa statement
under
or perjury
13 'JSC
charges
LQ23,
under
1425, 1542,
13
USC
or
1543,
IS^e, or
1001,
911,
15-io.
1621.
-0.
0
Illegal
entry and/or smuggling
Possession
Statas,
0
To
under
Assault,
reinforce
directive
of weapons
be
by
aliens
13 USC Appendix
impeding
an
charges
under 3 USC 1324,
illegally
States
Attorneys
project
will
be
by
to the
accepted
Unitad States Attorney's
or unlawfully
in
the
Unitad
1202.
investigation, witness intimidation,
this posture, Investigations
issued
1325.
1325,
the Attorney General
Division
or Executive
effact that all prosecutions
notwithstanding
Office for
etc.
recommends
a
Office of United
prasantad
under
other policies outstanding
acceptance
that
of immigration
cases.
this
in any
PROGRAM RECOMMENDATIONS
OTHER
The
program mission.
by
relating
plan outlines options directly
atove
INS requires
reccT^iendations
it
However,
coordination
is clear that
of
all
a
programs.
the Investigations
to
concerted affort
successful,
seme
other
aetarminea
to oe
Following are
put forward for consideration:
*
Suonarv Exclusion
A powerful
tool
attempting
entry into the Unitad Statas contrary to the put lie safety anc
exists
national security.
of
These provisions
Utilizing
the Act.
the same process
Act, requiring
the
inspectors
Section
225
provision
of
(c) of
aescribed above (invoking Section ZSO
Section
may be
found unaer
lists
of such aliens
by
225
other govern
selective entry into the Service NAILS computer,
could thus subject all listed aliens to the provisions of
(c) and its supplementing regulations (8 C.f.R. 225 .3.) and
agencies),
mental
exclusion of aliens
in the summary
and
exclude them.
suimiarily
ii
Entrv
and
Oecarturg Controls
similar tool for travel control, not only of aliens but citizens as
well, exists in Section 215 of the Act. This provision neec only be
fleshed out with appropriate regulations, published as final rules in the
Federal Register due to the exigencies
of the situation, in order to
become an effective provision of law.
Use of this section would give
A
enforcement
broad
leave
the United States
chose
to
the Act
at that
It
latitude
promulgate.
time suggested
violation of
Investigations
The
in a memorandum
is availaole
in
over any
to the General
possible
for review
upon
individual
the regulations
which
to
enter or
the
Servica
Division explored this section of
Counsel
revisionary
request.
9
attempting
dated
Oecsmoer 27,
language
1934
and
to the regulations.
Suspension
of Entry
Under the provisions
of Section
212
(f)
QlS khe Ac^»
the President
order the Service tc suspend entry of any class of al ians whose
in
the United
States
was
detrimental
deemed
to
could
presence
the public safety or
security. Used in conjunction with other enforcement techniques,
this provision could be highly effective to prevent the furz*sr entry of
However, it is clearly an extreme measure,
the suspect class of aliens.
national
not
and does
alleviate
concerns over those
who
may have
already entered
the country.
Prevent ion of Status Adjustments
This step would
t.s.e
Service acted
Iranian
be
similar
to deny
nonimmigrant
curing
to that taken
of status
adjustment
aliens.
The
purpose
was
the Iranian
to permanent
to prevent
crisis,
when
residence
to
those *ha avoided
or evaaed registry (or were found to be in violation of the law at the
time of registry) frcm defeating the process through such an adjustment.
ii
Detention Purina Proceedings
In order to accomplish
of
any special
developed
by
escalates
frcm
to
be
the detention
of aliens
step
confined.
one
through
three, dependent
Essentially, it
isolate this population;
maximum
security
in
proposes
to
to
upon
facility
the Service
assist
the numoer
take advantage
conditions, or
emergent
facilities,
of the 3ureau of Prisons
space.
as
the
result
projects undertaken by IMS, a phased approac.n has been
This approach
the Detention and Oeportation Division.
cently opened Oakdale, Louisiana processing
obtain
apprehended
of the re
in order to house and
faced with the need
would
in providing
of aliens
to
seek the cooperation
appropriate detention
APPENDICES
A ccmprenensive
major
This
divisional units within
group
operational
which
postulate
State
and
to
review
action
by
the Commissioner
the President,
of
to
this
actions
to
be taken by those
Attorney
by- various
undertaken
have
provided for,
Seen
General
,
Secretary
of
the Service.
document are interim reports which
at the border
possibilities.
analyze
and
the contingency plans
Several optional scenarios
Attached
entry,
INS
synthesized
units.
comprised of
group was convened at Central Qffica
working
operational
units
between ports of entry,
and
and
outline
divisions
a
variety of
at p.orts
within the intaricr.
of
CONTI.NGc.NC7
Office of
The
Office of the General
directiveto
either
restrictions
place-
General,
In the event
the President
review
scprcariate
emergency
to give legal advise and
prepared
on certain
be issued by the President
the Attorney
will
is
Counsel
\-
or
field officers-
issues
its
an
on
through
an
Executive Order,
executive Order, the Ser.eral
This
may
by
does,
our
may
Counsel
rscsssend
and
what
require the issuance
of
all
INS
of instruction to
and the tranaissian
If it
or nationalities,
aliens
legal ramifications
The Executive Order
issuance of visas-
control
the Secretary of Stata-
INS must take.
regulations
the Oecart.-sent
by
to determine
action
strict
or classes of aliens-
csrtain alien- narionals
can
the General. Counsel
in the evenr INS is directed ta plac»
assistance
A
PLAN
also impact
Oeqart-ent
State's
on
office will closely
coccerate with
of State.
.,
,
to issue a policy
directive where he
would state that certain classes of .alien or nationalities be przc'Mded
Such
or' restri cted from obtaining certain discretionary reliefsThe
Attorney
policy
General
would, most
of peculations.
branch
that
The Secretary
will affect
visas.
likely,
Our
will
also decide
may
office is
have the
of State
may
prepared
prepared
to
its juri sdi
will
the issuance
the parti cj
lar. ccerati
ens
directive that
also decide to issue policy
be
cati on, namely the issuances
with
the State Department
aoplied uniformly.
of
to
'
should the need arise, the Office of General Counsel will help
congressional testimony and provide whatever assistance in conducting
Finally,
draft
assist
through
in this matter.
to cooperate
that our policies
ensure
lead
matters within
We are
have to be implecented
enforcement
hearings
that
may be necessary.
t sy
Staci_ _ical
Cmniucacicn
»
Service
residue ih the a«s-
cj3z?_ks
of Libyan
in the country is
nonimmigrants
scuzcs of this information
the S tudenc/Schco
1 System
27. 19=5
March
is
acscoximaeaiy
Information S/stam
the Naniinnigrane
The MI
*
IS captures data
on nonimmigrants
(other than students]
the United States or were given extensions
January L,
193 3 .
The
there exists no record
copulation
shews
children of students-
to
figure extracted here
o£
3,05a.
The
{HI IS)
and
.
(S7SC)
"
HITS
the
-
/sis 3car.cn
arc Natural irsticn
Peculation
Nonimmigrant
The number
Updated
a
Ana L
their
ceptasar.ts
Tha number
of
many
thcsa
of Libyans
entered
who
pec? La
in
after
fcr
vhrmv
This "snacsr.cr" of
were acmiccad
whan
arrived
nonimmigrant visa
departure before January 3, 1SS6.
L, 389 Libyans,
--ho
"
as spouses
befcra January
c:
1323
cur have r.at departed is unknown but should be relatively few.
3TSC
The ST3C was
initiated
students in the U.S.
1336 was
not been
fall of
The number
fully
This
of corrections
implemented
but
1984
new
number
of foraign students in
is
counted
most
to the system
the country
while
is
a
likely
an
likely
The
23,
overestimate
(including cecarruras)
mora
533,300.
ccculaticn cf
cf February
as
students have been added.
includes approximately 800,303 students
numoer
to capture data cn tha
cf Libyan students
approximately 1,230.
the processing
because
in the
has
encira systam-
esri.-r.ate
of the
Z
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