

Article 21716 of soc.culture.china:
Path: bsu-cs!iuvax!cica!tut.cis.ohio-state.edu!rutgers!jarvis.csri.toronto.edu!utgpu!watmath!watdragon!violet!rzhu
>From: [email-masked] (Rupert Zhu)
Newsgroups: soc.culture.china
Subject: Passport Problem: Deferral of Enforced Departure  (Indexed S-2)
Keywords: Official US INS Document Regarding "Deferral of Enforced Departure"
Message-ID: <[email-masked]>
Date: 3 Jul 89 16:47:18 GMT
Sender: [email-masked]
Lines: 98

========== Information From the Author of Passport Problem Series ============

      Text Of Cable Released By INS Deputy Commissioner James L Buck
      --------------------------------------------------------------

June 7, 1989

Re: Deferral of enforced departure for nationals of
    the People's Republic of China (PRC)

    The Attorney General has directed and authorized the service to defer 
enforcing the departure for nationals of the People's Republic of China (PRC).

    Effective immediately, the following policy shall be implemented relative
to PRC nationals who were in the United States as of June 6, 1989.  Service
                 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
action to enforce departure to the PRC shall not be taken prior to June 5, 
1990, of PRC nationals who indicate an unwillingness to return to the PRC at
                       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
the present time.  This directive shall not apply to:

1) PRC nationals who have not evidenced an unwillingness to return to the PRC;
2) PRC nationals who are residents of a third country;
3) PRC nationals who have been convicted of any criminal act in the United
   States; or
4) PRC nationals who arrive in the United States after June 6, 1989.
                                                 ^^^^^
    PRC NATIONALS MAINTAINING NONIMMIGRANT STATUS.  Extension of temporary stay
may be granted to those nonimmigrants who qualify for extensions.  If an 
application for extension is denied, the PRC national's departure shall not be
enforced prior to June 5, 1990.  A PRC national who is maintaining a non-
immigrant status may request that his/her nonimmigrant status be terminated and
that he/she be granted a deferral of enforced departure under this directive.  
The PRC national shall be notified in writing that his/her nonimmigrant status
                                   ^^^^^^^^^^
will not be reinstated after he/she has been granted a deferral of enforced
     ^^^
departure.

    DEPORTABLE PRC NATIONALS.  PRC nationals who are located as deportable 
aliens will be permitted to remain until June 5, 1990.  In cases where OSCs*
have been issued against PRC nationals, but hearings have not commenced, the
service shall seek postponement of the hearings until after June 5, 1990.  If
hearing have commenced, they shall go forward to completion; however, departure
shall not be enforced before June 5, 1990.  In case where a final order of
deportation has been entered, departure shall not be enforced before June 5,
1990.  These provisions shall not apply to PRC nationals who have not evidenced
                              ^^^
an unwillingness to return to the PRC; nor to PRC nationals who are residents
of a third country; nor to PRC nationals who have been convicted of any 
criminal act in the United States.  Deportable aliens who are within one of 
these exceptions shall be processed according to regular procedures.

    EXCLUDABLE PRC NATIONALS.  PRC nationals who arrived in the United States
before June 6, 1989, but who have been referred for exclusion proceedings will
be permitted to remain until June 5, 1990.  In cases where aliens have been 
paroled, the paroles may be extended to June 5, 1990.  If exclusion proceedings
are or have been initiated against PRC nationals, but hearing have not 
commenced, the service shall seek postponement of the hearings until after 
June 5, 1990.  If hearings have commenced, they shall go forward to completion;
however, the departure shall not be enforced before June 5, 1990.  In cases 
where a final order of exclusion has been entered, departure shall not be 
enforced before June 5, 1990.  These provisions shall not apply to PRC 
nationals who have not evidenced an unwillingness to return to the PRC; nor
to PRC nationals who are residents of a third country; nor to have convicted of
any criminal act in the United States.  Excludable aliens within one of these
three exceptions shall be processed according to regular procedures.

    REQUESTS FOR CLEARANCE OF REMOVAL TO PRC.  In any case in which a district
director processes to enforce the departure to the PRC of a PRC national who 
has indicated an unwillingness to return to the PRC, the district director 
shall refer the matter to the appropriate regional commissioner for 
concurrence.

    WORK AUTHORIZATION.  PRC nationals whose enforced departure has been 
deferred under this directive until June 5, 1990, including those whose paroles
have been extended, may obtain evidence of employment authorization as provided
by 8 C.F.R. 274a.12(a)(11).

    ASYLUM REQUESTS.  Applications submitted to district directors for asylum
under 8 C.F.R 208 shall be processed routinely.  If an application is denied, 
however, the PRC national's departure to the PRC shall not be enforced prior to
June 5, 1990.

    ARRIVALS AFTER JUNE 6, 1989. PRC nationals who arrive in or enter the 
United States after June 6, 1989, and whose cases are referred for exclusion or
deportation shall be processed under current procedures.  Departure to the PRC
will be enforced if appropriate.

    THE POLICIES OUTLINED IN THIS DIRECTIVE WILL APPLY UNTIL JUNE 5, 1990, OR
UNTIL OTHERWISE NOTIFIED.

* Order to Show Case --- order for the initiation of deportation proceedings
  issued by the district director of the INS.

============================ The End Of S-2 =================================