DISCUSSION PAPER CUBAN EXCLUDABLES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00049R000701760003-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: December 22, 2016
• Document Release Date: October 19, 2010
• Sequence Number: 3
• Publication Date: February 25, 1982
• Content Type: MEMO

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MEMORANDUM FOR:
1 ~
'rAJ
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77
- - - NATIONAL SLrCURr Y COUNCR
w*tH,Narea. D.Q 2OIOd
- CONPIDEN'1?TAtr W -- February 25- --1482
,.? - a_ - ..
SECRET ATTA
CHM=rf
Z (ORANVDX FOR:
- 25X1
Ms. I Nancy Bearg Dyke .... - -71---
Assistant to the Vic* -Presid+eat"=-=- cu ve cre
for National Security Affais- _ Central Intelligence Agency
Mr. L. Paul Brewer III = I-3s. Jacqueline Tillman
Executive Secretary Executive Assistant to the United Star
Department of-State
Lt Col Robert P. Meehan
- ASSistant for-Interagency-7ffai thus Assistant _to the -_ _._
Office of the Secretary of _ Defense - - . _ , Chaism sn . Joint Chiefs of Staff
Mr. F. Henry Rabicht
Special Assistant to the
Attorney General
SUBJECT: NSPG Meeting on-.Cuban Excludableks (C)
Attached is a background options paper for Como'row's NSPG t%eting on
Cuban Excludableeo -to be held after the NSC meeting which will take
place at 1:00 p. m.= in-=the Cabinet ' -Room..;- (C)
- -J- _;, -astaff Sgcre
Attachment
Background
CONFIDENTIAL WITS -
SECRET ATTACHMENT
Review on February 25,.1983
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Col Cha;lee F. Stebbins
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SECRET/SENSITM 7
DISCUSSION PAPER
___ CUBAN EXCZDDABLES
Overview
In accordance with the President's decision of June 4.
1981,,ways to return about--3,000 undesirable Cuban exciudables
have been examined by an Inter-agency Group. -
There In no attractive solution to the problem of addesir-
able persons, especially criminals, who arrived from Cuba
illegally during the 1980 Mariel boatlift. The alternatives
are to send then to s r third_ location or_ to return then to
Cuba by suasion or
??foce._
No third country is likely to accept thorn even temporarily.
Return by force directly to Cuba would leave us vulnerable
politically:--Cuba- would - probably- resist, thus jeopardizing
lives and risking armed conflict.;--A "preventive* use of armed
force to establish a secure area in Cuban waters and territory
would also violate the II.N: Charter. This-is not-the right
scenario for -armed conflict- with Cuba.- - - - - - -
Return through Guantanamo would also entail high risk
and could cost on the base.
the other way around.
internal pressures. We only want.-to return the undesirables
-and to avoid--another mass--illegal--migration. -and we do--not-
believe we should let immigration issues drive our overall
Cuba policy--just now entering a critical phase-rather than
would also risk Cuban retaliation and violate the terms of
the base agreement.
Earlier efforts to convince Castro to take undesirables
back failed, We can try again but this will require a substsa:-
tive approach contrary to our present policy. Very strong
representations, for which-a scenario has been developed,
are the most attractive alternative. We would bold out no
prospect of negotiations, although Cuba wants a broad migration
agreement. Castro wants to regularize immigration to relieve
Sending undesirable ezcludables for detention to Guantanaaeo
_ _ SECRET/S~t4SITTa'E._
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Background
The return of Cubans who entered the U.S. illegally from
Mariel and who are excludable under Q.S. law has a very high
priority among the migration problems facing the U.S. The
attached fact sheet tallies the excludeblos and shows their
The Cuban government has refused repgated U.S. requests
delivered both directly and through third parties to take
them back. In December 1980 and January 1981 both governments
held talks on migration which included the issue of returning
excludables_to Cuba.--The-talks ended wit]out Agreement.
The sticking point was Cuba's refusal to accept the uncondi-
tional return of any Cuban-.found excludable under U.S. taw,
insisting instead on a case-byease veto.
The courts are challenging our ability to continue to
detain many of the 3, 000 or so we -seek to return, for 792
of whom final order's of exclusion have been issued. Some
of those under exclusion orders have already been released,
either by INS or the Federal Court. Proceedings 'to bar the
exclusion and obtain the release of some have been initiated
by attorneys seeking to protect their.civiJ liberties. We -
also- face= domestic protest-.over the violenit cruses committed
by some of the Mariel Cubans, many of whom we had not othezwise
considered for return to Cuba..
1Zn January, 1981, the Justice Department estimated that
theig were approximately 5,000 Cubans whom we wanted to exclude.
In the last round, there-was considerable doubt in the USG
that the U.S. could successfully exclude anything close to
ghat number. The Justice Department now has identifLed about
3,000 Cubans for exclusion:--__r.__.._-
Categories.
The categories of =Cutian .entrantsore- seek to exclude in
descending order of priority, are:
? Persons in Federal- prison facilities (Atlanta) , who
admitted committing crimes. in Cuba, excluding political and
minor crimes...
Persons -repurring --substantial institutional care.
Persons who, are in:prLeon in pre-trial status or- who
have been. convicted-of a Federal crime subsequent to arrival.
SECRETS SITIVE -- _~
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S?C?1'/SEI4SITI'~S
4 q
Persons whose parole has been revoked by INS because
_ of broken s
ponsorsbips.
-- Trashers of holding camps, mostly located in INS deten-
tion facilities.
Juveniles who are in state or Federal institutions. .
-- Persons who want to return. (They are difficult to
resettle in the U.S., and--therefore present problems. Members
of this group hijacked tear airplanes to Cuba during the summer
of 1980.)
OpticResettling the Mariel Undesirables in a Third Country
Pending Cuban Repatriation
Ono proposal has been the temporary resettlement of these
undesirables in a third country pending Cuba's agreement to
take them back. This proposal has no prospect of.success.
ACTION OPTIONS
PRO