Statement of Administration Policy: H.R. 3844 - Haitian Refugee Protection Act of 1992

(House)
(Mazzoli (D) Kentucky)

The Administration is committed to repatriating only those Haitians who do not demonstrate a well-founded fear of persecution. Specially trained Immigration and Naturalization Service Asylum Corps officers are carefully interviewing Haitians to identify those who might have such a fear of persecution.

However, if H.R. 3844 were presented to the President in its current form or as proposed to be amended by Rep. Conyers, his senior advisers would recommend a veto. The bill:

—   Could create a magnet effect, potentially triggering greater numbers of Haitians to leave Haiti in unseaworthy boats, risking their lives on the high seas under the mistaken belief that they will be permitted to stay permanently in the United States.

—   Fails to distinguish between Haitians with legitimate claims to asylum and those who do not demonstrate a well-founded fear of persecution, undermining the Administration's asylum adjudications process.

—   Bans repatriation of any Haitian nationals, potentially overwhelming the Government's capacity to house and process such a large number of asylum seekers.

—   Interferes with the President's constitutional power to conduct foreign affairs and act as Commander in Chief.

—   Prescribes how the President should make or alter his determination of annual refugee admission allocations, which would contradict both the letter and the spirit of the Refugee Act of 1980.

The Conyers amendment is even more objectionable than the underlying bill because its open-ended grant of temporary protected status would create an even larger magnet effect. The Conyers amendment is also objectionable for the second and third reasons cited above.