DRAFT DEPARTMENT OF JUSTICE REPORT ON S. 2177, A BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO REVISE THE GROUNDS FOR EXCLUSION OF ALIENS FROM THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000801090024-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 27, 2016
• Document Release Date: February 3, 2011
• Sequence Number: 24
• Publication Date: June 16, 1986
• Content Type: MEMO

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EXECUTIVE OFFICE OF THE PRESIDENT ~~ - 0412-
OFFICE OF MANAGEMENT AND BUDGET f - ___----_
WASHINGTON. O.C. =OSO3 June 16, 1986
LEGISLATIVE REFERRAL MEMORANDUM
Dep rtment of State - Lee Ann Berkenbile (647-4463)
Na ional Security Council
ntral Intelligence Agency
SUBJECT: Draft Department of Justice report on S. 2177, a bill to
amend the Immigration and Nationality Act to revise the grounds
for exclusion of aliens from the United States.
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than
June 18, 1986.
Direct your questions to Branden Blum (39,t-3454), the legislative
Ja C. P!- d 16r
Assi Cant rector for
Legislative Reference
Enclosure
cc: Peter Wallison
John Cooney
Tara Treacy
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U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
Office of the Assistant Attorney General Washington, D.C. 20530
Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, D. C. 20510
Dear Mr. Chairman:
This responds to your request for the views of the Department of
Justice on S. 2177, a bill to amend the Immigration and
Nationality Act to revise the grounds for exclusion of aliens from
the United States. For the reasons set forth below, the
Department opposes enactment of this legislation.
The bill would restate in part Sections 212(a)(27), (28) and (29)
of the Immigration and Nationality Act ("Act"), and add a new
subsection which would forbid the denial of a nonimmigrant visa
because of political belief or association..
Sections 212(a)(27) and (29) bar the admission of aliens who it is
believed are coming to engage in activities which would be
prejudicial to the public interest or endanger the welfare, safety
or security of the United States. Section 212(a)(28) bars aliens
who are anarchists, communists, or members or affiliates of
communist or totalitarian parties, or who advocate communism or
the establishment of a totalitarian dictatorship in the United
States.
The bill attempts to address some of the more vexing and
controversial aspects of the laws relating to the exclusion of
aliens. The Administration has strongly supported the free
exchange of ideas, and has gone on record on numerous occasions in
defense of those persons who have been persecuted as a result of
their attempts to peacefully speak out against tyranny and
oppression.
Revision of Sections 212(a)(27) (28) and (29) of the Act was
considered by the Select Commission on Immigration and Refugee
Policy in its deliberations in 1979. No suggested revisions were
included in the Commission's final recommendations. The fact that
the Commission followed this course should give some idea of the
difficulty involved in revising and amending these sections of the
immigration law, as the Commission did not shrink from addressing
other highly controversial issues. While we may agree that the
present grounds for exclusion could conceivably encompass persons
who pose no physical threat to the United States, fashioning
language to meet legitimate security, foreign and domestic policy
considerations is no simple task.
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It is entirely conceivable, as has happened in the past, that
substantial considerations of foreign or domestic policy or both
will militate against the admission of particular individuals or
members of particular organizations. Any revision or amendment
of Sections 212(a)(27), (28) and (29) of the Act must provide
authority to the Secretary of State or the Attorney General to
take such considerations into account.
In the Department's view, S. 2177 does not meet this standard.
While the Department is always ready to comment on technical or
editorial factors in a bill and suggest changes or revisions
where needed, it is clear that the bill does not acknowledge
legitimate foreign and domestic policy considerations. In the
absence of such fundamental and essential safeguards, it is the
Department's view that technical and editorial comment on the
bill would not be helpful.
The Department opposes enactment of this bill. The Office of
Management and Budget has advised this Department that there is
no objection to the submission of this report from the standpoint
of the Administration's program.
Sincerely,
John R. Bolton
Assistant Attorney General
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