linked - Investigating the Terror

With specific respect to sections 212(a)(28)(C) and (F), the
Administration took the position that it continued to be legally
permissible to make findings of ineligibility under those sections
in respect of nonimmigrants, but that, where the finding of
ineligibility was based upon mere membership or affiliation or
upon statements which would bring the alien within the purview of
either section, section 901 mandated that a waiver of
ineligibility be recommended and granted to permit temporary entry
notwithstanding the ineligibility.
Almost immediately thereafter, yet another controversy arose
over the Administration's position. Proponents of section 901
asserted that its enactment suspended the operation of those
section* eliminating the need for waivers of ineligibility, and
accused the Administration of bad faith in its failure to act
accordingly. This controversy became particularly acute after the
final amendment of section 901 which made it permanent.
In this connection, I am enclosing for your information a
copy of a May 23, 1990 letter to the Secretary from Messrs Frank,
Morrison, Edwards, Schumer, Herman and Kastenmeier. All six were
then members of the House Judiciary Committee; four of them
members of the Subcommittee on Immigration. I am also enclosing a
document prepared for the use of Cong. Frank by the Congressional
Research Service on this subject. I hasten to say that the
Administration did not agree with the interpretation espoused in
either document, but I think they are of interest in terms of the
- climate which existed at the time of the Sheikh's May 1990 visa
application.
In connection with section 901 and its impact on this
subject, Mr. Brennan expressed the view to me that Congress did
not intend to cover people like the Sheikh, but rather intended
section 901 to apply only to Communist Party members. While that
could, of course, be the case, the documents available to me do
not support that opinion. The conferees stated 'For example, such
exclusions, restrictions, or deportations would "hot be appropriate
if based on an alien's criticism of the United States or U.S.
policies; an alien's attempt to influence lawfully the outcome of
legislation before the Congress; or an alien's mere membership in
a Communist, anarchist or other organization proscribed under
current law."
In addition, the Congress expressly denied the benefits of
section 901 to aliens who were members, officers, officials,