ICE, Deferred Enforced Departure for Certain Haitian Nationals (Dec. 23, 1997)

Memorandum HQOPS 70/23-C Subject Deferred Enforced Departure for Certain Haitian Nalio[1als D.te DEC 23 1997 Office of Field Operations To Regional Directors Regional Counsel District Din.~tor3 District Counsc:l Officers in Charge (including Spes) Chief Patrol Agents President Clioton today directed the Attorney General to provide certain Ho.itian n31ionals with Deferred Enforced Depa.cru.rc (DED) and employment authorization for onc ycou. With certain exceptions, the directive covers Haitian natiolll1hi who applied for asylum, or were paroled into the counuy. belare December 31.1995, and who have remained in the United St.ates since th3.t time. The exceptions include any Haitian netional I. who has been convicted of an aggravated felony; 2 . who is found to be a persecutor of others within the meaning of INA section 101(.)(42): 3. whose removal the Attorney General determines is in the interest of the United StDtcs; 4. whose presence or activiti es in the United States the Set.:n.:1W'Y of Stale has reaso nable gmund to believe would have potentiall y serious ildverse: foreign policy consequences: 5. who voluntarily relumo!d nr returns to Haiti or to (he ali e n's country nf 181'\ habit lUI residence outside the United Sute.s; 6. who was dcporh,;u. c;;o;,cluded, or remond prior to Dec. 23 ) 1997; or 7. who is suhject to extraditiun.

Aliens covered by the presidential directive Bnd not subjet.:t to one of the listed excepti ons !lholl not be removed from the United S13tes while the directive re mains in effect. Such aliens !ihould lllso be released from custody, except that IIQOPS should be co ntacted if thl: alien is subj ect to mallda to ry detention or if the: alie:n's release w()uld prescnt 11 dW1 cer to the community. AlieM falling within the exceptions may bt: d.etain~d and r~mnved a.'ii d El9£0109L£ 'oNl£H 1 'lS/£H 1 L6 .£1 '11 13nl) IiOB! ICE.10.1011.000001 appropriate, except that HQOPS ahould be ~DSultcd prior to removal in ~ falling within the exceptions numbered 3.

4. and 7 above. HQOPS should also be consulted prior to removal in cases fallini with the exceptions numbered 1 and 2 above. unless the Board of Immigration Appeals or an immigration judge has found the alien to be an aggravated felon or a persecutor in a final, unappealed cleQsicm. lhis instruction is effective immedimly. and supersedes previous insttuc::tions rqarding HaitiAn nationals, including the memoimutitpoveinber 19, 1997 and December 1 K. 1997 issued by this Office. Further iDstrudiODS wjU be issued shortly regarding employment authorization. This memorandum should be distributed immediately to all affected personnel.

Nothing in this memorandum is intended to provide rights to aliens or to be enforceable in any court oflaw. Executive Associate C Officc of FLeld Ope r. ,- t-' , ( '- , ~Z~~X 1 ....... _ .. : ----. .. _ .. ---- , . -, ';- , , ~'C(;,--: ,', '--: .' " ~~ ... -----.-,- l d E [B€Ol09LE 'ONlEE: 61 'lSlv~: 61 L6 ,EZ 'Z [ 13n1) WOt.: ICE.10.1011.000002