Statement of Administration Policy: H.R. 45 - Temporary Protected Status for Nicaraguans, Salvadorans, Chinese, and Nationals of Other Countries

(House)
(Moakley (D) Massachusetts and 113 others)

The Administration opposes H.R. 45 because it would:

• undermine the comprehensive and fair system governing asylum and deportation established by the Refugee Act of 1980, by focusing on the nationality of the alien rather than on the merits of the individual's circumstances;
• favor aliens of particular nations and encourage additional nation-specific legislation to provide for similar preferential treatment;
• limit the President's foreign policy and other discretionary prerogatives that are exercised by either the Secretary of State or the Attorney General with respect to the deportation of foreign nationals designated by the bill; and
• direct inappropriately the General Accounting Office to investigate the treatment of displaced Salvadorans, Nicaraguans and Chinese nationals. (This provision poses a significant risk of legislative entanglement in functions assigned under the Constitution to the Executive branch.)

With respect to nationals of China present in the United States as of June 6, 1989, the Administration — in response to the unique circumstances in China — has taken steps administratively to ensure that these aliens may remain in the United States. The Administration is continuing to monitor developments in China and intends to provide further immigration relief as circumstances warrant.