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December 22, 2016
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October 19, 2010
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February 25, 1982
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Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 MEMORANDUM FOR: 1 ~ 'rAJ Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 's `II r 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 Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 Col Cha;lee F. Stebbins Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 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._ - -3 -2 24 02 - -- .. + Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 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 -- _~ Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 Sanitized Copy Approved for Release 2011/04/18: CIA-RDP84B00049R000701760003-3 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