Letter from U S Dept of Just.
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Immigration and Naturalization Service
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HQRRT 30/2.3
425 I Street NW.
Washington, DC 20536
DEe 2?
Mr. Robert Parcher
City Clerk
City of Miami Beach
Miami Beach, FL 33139
Dear Mr. Parcher:
This is in response to your November 1 letter to the Attorney General urging
President Clinton and Florida Governor Bush to review and consider extending clemency and
political asylum to eligible Cubans currently imprisoned in the United States. Your letter was
referred to the Immigration and Naturalization Service (INS) for response regarding your request
for asylum for these individuals.
The INS strongly supports a person's right to seek asylum and has taken enormous steps
to protect the asylum process, both to serve true asylum seekers and to defend efforts against
abuse and misuse, Asylum can only be granted in the manner and under the conditions
prescribed by law in the Refugee Act (Act) of 1980, That Act is legislation enacted by the
Congress of the United States, No official of the United States Government has the authority to
unilaterally modify the law.
Asylum applications are adjudicated on a case-by-case basis, and entirely on their own
merits, The INS requests an advisory opinion from the Department of State's Bureau of Human
Rights and Humanitarian Affairs, on each case. This opinion is an integral factor in the final
decision; however, the INS has sole authority to grant or deny any asylum request. As you may
know, the President of the United States has sole authority to issue clemency,
The INS places detainers on aliens who have been convicted of crimes committed in the
United States, which may render them deportable under the U.S. immigration laws. In some
cases where a final order of deportation has been issued by an immigration judge, immediate
repatriation may not be practicable or proper. However, detention of these aliens is necessary,
pending a determination of their eligibility for release, to ensure public safety.
Pursuant to Section 241 of the Immigration and Nationality Act (INA), there is a 90-day
detention period before a criminal alien, under a final order of removal, can be released,
Previous INS policy recognized that District Directors had the authority, pursuant to 8 C.F.R.
Section 241.4, to conduct case reviews of detainees for whom immediate repatriation was not
possible, However, as of April 30, 1999, INS policy was revised to require mandatory reviews,
Mr. Robert Parcher
Page 2
These reviews will determine eligibility for release of these individuals. The mandatory reviews
will occur before the expiration of the 90-day detention period. Individuals who are not found
amenable to release following the 90-day review will have their cases reviewed every 6 months
thereafter.
We hope that the information provided is useful. If we may be of assistance in the future,
please let us know.
City of Miami Beach - CITY CLERK'S OFFICE
October 20, 1999 \ REGULAR AGENDA \ R7 - Resolutions
R7J City Attorney Commission Memorandum No. 794-99
A Resolution Urging President William Jefferson Clinton and Florida Governor Jeb Bush to
Review and Consider the Appropriateness of Extending Clemency and Providing Political
Asylum to Eligible Cubans Currently Imprisoned in the United States for Acts Committed by
These Individuals in the Fight to Liberate Cuba from the Communist Dictatorship of Fidel
Castro.
Recommendation: Adopt the Resolution.
(Requested by Commissioner Simon Cruz)
ACTION: Resolution No. 99-23376 adopted. Motion made by Commissioner Cruz; seconded
by Commissioner Liebman; voice vote: 7-0. R. Parcher to handle.
Handout: Copy of the Afteraction for July 21,1999 Commission Meeting - item R7J.
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Date Printed: 1/18/00 Time Printed: 5:40:25 PM
Source Database: C:\DATA\AFTERACT\CLERK82.NFO