AGENDA ITEM: SEPTEMBER 1 MEETING--ADMISSION TO THE UNITED STATES OF PERSONS AMNESTIED BY THE GOVERNMENT OF EL SALVADOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R000400550028-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 6
• Document Creation Date: December 22, 2016
• Document Release Date: November 19, 2010
• Sequence Number: 28
• Publication Date: August 29, 1983
• Content Type: MEMO

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UNITED STATES COORDINATOR
FOR REFUGEE AFFAIRS
WASH I N Gl O N, D.C. 2052U
83-4197/I
August 29, 1983
/n1TLT DENTT T T
MEMORANDUM FOR THE SENIOR INTERAGENCY G OUP/REFUGEES
FROM H. Eugene Douglas
SUBJECT: Agenda Item: S46te'ber Meeting -- Admission
to the United Stat s of Persons Amnestied by the
Government of El Salvador
ISSUE FOR DECISION
Whether to admit some of the beneficiaries of the amnesty
program in El Salvador into the United States (1) through the
Attorney General's parole authority or, (2) processing members
of the group in San Salvador for refugee admission under the
authority of the Refugee Act of 1980.
With strong USG backing, the Government of El Salvador
launched a comprehensive amnesty program on May 16. The
persons in question are those who have been imprisoned pursuant
to Decree 507 (the State of Emergency), as well as some former
guerrillas a,id guerrilla camp followers who have turned
themselves in under the amnesty that was in effect from May 16
- August 15.
President Magana and Dr. Ernesto Arbizu Mata, President of
the Amnesty Board of the Government of El Salvador, have
repeatedly asked the United States and other Western countriec
to resettle those amnestied prisoners whose lives might be in
danger in El Salvador.
Under Decree 507, special military tribunals were
established to prosecute persons accused of treason, espionage,
rebellion and sedition, and other offenses against the peace
and independence of the state. The decree also rescinded
certain civil liberties and due process. The special military
tribunals acted in secret and often allowed detention of
persons on the basis of anonymous denunciations..
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CONFIDENTIAL
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Many of the Decree 507 detainees may have engaged in no act
of violence against persons or property. Their release can be
seen as tacit acknowledgement by the Government that there is
little derogatory information about them. Even so, some
Salvadoran elements believe them to be politically threatening
and could subject them to danger. There has been no report of
violence towards any of the detainees released after the formal
amnesty started on May 16. However, two bodies which were
found on July 11 may be those of amnestied ex-prisoners. About
five hundred forty Decree 507 detainees have been released.
The Belgian, French and Swedish Governments have said that
they will consider individual applications, without specifying
how many individuals they will resettle. Canada has agreed to
take two hundred amnestied prisoners, plus family members.
Australia has agreed to take fifty amnestied prisoners, plus
family members. Both Canada and Australia are already well
along in screening and accepting the detainees and arranging
transportation for them. Canada and Australia have accepted
the Salvadorans under their special humanitarian programs, not
as official refugees.
There are two means for responding to the Government of El
Salvador's (GOES) request that the U.S. accept a number of,,, ameestied Salvadorans. The first -- use of the Attorney
General's authority to parole into the U.S. aliens seeking
admission -- would permit a designated group to be brought in
without prior, individual determinations with respect to their
refugee, immigrant, or other status (although we would still
need to make individual determination that they were not
otherwise excludable). The second -- processing members of the
group in San Salvador for refugee admission -- would require a
prior determination by the INS as to the refugee status of each
individual.
Parole. Parole does not constitute "admission" for
immigration purposes. Hence, parolees have no immigration
status once here, but may apply to regularize their status.
Parole may not be used for refugees unless the Attorney General
determines that to do so would be "in the compelling public
interest."
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CONFIDENTIAL
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Use of parole would avoid a delay in bringing the
Salvadorans to the U.S. pending status determination. It could
be justified (as required by statute) as "in the compelling
public interest" on the grounds that the GOES has requested our
immediate assistance, that other countries already have
responded to this humanitarian appeal, and that the special
circumstances surrounding the amnestees distinguish them from
the general civilian population. On the other hand, permitting
this group to enter and remain in the U.S. without legalizing
their status could be challenged as inconsistent with the
recent determination not to grant extended voluntary departure
(EVD) to Salvadorans illegally present in the U.S. and could
complicate our posture in pending litigation. (We could,
however, distinguish this group from those in the U.S. who fear
generalized violence, as stated above.) In addition, those
entering would, at least initially, have no immigration status
and would not be eligible for Federal refugee benefits, thus
placing a burden on state and local authorities. Third, parole
would only defer determinations as to refugee status, i.e.,
persecution, since most parolees are likely to apply for asylum
once in the U.S.
Refugee Admission: At the outset, each individual would
have to establish that he had been persecuted or had a
well-founded fear of persecution. Refugee status might be
justified on the grounds that the GOES has advised us that1
amnestied individuals are likely targets of elements in the
society on account of their alleged or inferred political
affiliation and that the Government is currently unable to
provide what it considers to be adequate protection.
Use of refugee admission would appear more consistent with
the position taken with respect to EVD for Salvadorans (and the
related, pending litigation). Also, it would resolve status
questions at the outset, thus entitling those admitted to
benefits under the Refugee Act of 1980. On the down side, the
option could be misinterpreted as an admission by us that the
GOES treatment of amnestied individuals constituted
persecution. It would also form a concrete and highly visible
application of the concept that a government's inability to
protect a class of persons from violent elements in the society
is sufficient to establish refugee status, thus creating
pressures for similar treatment of other groups worldwide.
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CONFIDENTIAL
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The Intergovernmental Committee for Migration (ICM)
responded to an official request by the Government of El
Salvador to assist the countries involved in this resettlement
operation. Because of our own satisfactory experience with
this agency, we believe that we should make use of ICM to
assist us in prescreening those persons to be admitted to the
United States. In particular, we would want ICM to weed. out
prospective applicants who have engaged in violence against
persons or property.
ADMISSIONS MAY AROUSE CONTROVERSY
Accepting the amnestied Salvadorans.is not without
potential pitfalls and will be controversial. Supporters as
well as critics of our. Central American policy could question
our decision. Conservatives may object because some of those
coming here may be vocal opponents of the Salvadoran Government
and our support for.it. They may also argue that there are
-Salvadorans more deserving of being brought to the United
States than these people. Liberals may criticize us because no
matter how many we accept the numbers are insufficient.
Moreover, this program may be used by Administration opponents
as evidence that even the Salvadoran and American Governments
recognize that conditions in El Salvador are such that no one
should be returned. k
The Department of State, the Department of Justice, and my
office believe the United States should respond favorably to
the Salvadoran request to assist persons released from
detention. We recommend admission of a limited number through
the procedures of the refugee program. A reasonable total
admissions level would be probably no more than two hundred
people, including family members. This is necessarily an
arbitrary number, but it seems reasonable for the United States
given the huge number of Salvadoran illegal aliens present
here. Whether we accept any more in the future will depend
upon whether this program is successful, the nature of U.S.
domestic reaction, events in El Salvador, and the treatment
received by amnestied prisoners who remain in El Salvador.
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CCNFI DENT IAL
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In any case, we believe we should respond to the Salvadoran
Government's appeal for assistance and join with other Western
governments in offering it. Representatives of the Adminis-
tration will, of course, confer with appropriate members of
Congress and their staff. We would like your concurrence to
proceed with a program to admit up to two hundred Salvadorans
under the Attorney General's parole authority.
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