U.S. Department of Justice

Executive Office for Immigration Review

Office of the Director

5107 Leesburg Pike, Suite 2400

Falls Church, Virginia 22041

NEWS RELEASE Contact: Public Affairs, (703)305-0289 or (703) 305-1188

Fax: (703) 605-0365 or (703) 305-0985

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January 14, 1998

ADMINISTRATIVE CLOSURE OF IMMIGRATION COURT HEARINGS OF HAITIANS

COVERED BY DEFERRED ENFORCED DEPARTURE (DED)

On December 23, 1997, President Clinton determined that it is in the foreign policy interest of the United States to defer for one year the deportation of any Haitian national who was paroled into the United States before December 31, 1995, or who filed for asylum before December 31, 1995, and who has been physically present in the United States since that date.

This directive does not apply to any Haitian national:

1. who has been convicted of an aggravated felony;

2. who is found to be a persecutor of others;

3. whose removal (in the opinion of the Attorney General) is determined to be in the interest of the United States;

4. whose presence or activities in the United States is found by the Secretary of State to have potentially serious adverse foreign policy consequences for the United States;

5. who voluntarily returned or returns to Haiti or his or her country of last habitual residence outside the United States;

6. who was deported, excluded, or removed prior to December 23, 1997; or,

7. who is subject to extradition.

Eligible Haitians will be able to apply for employment authorization and will be given Deferred Enforced Departure (DED) from the United States for one year from December 23, 1997.

The Immigration and Naturalization Service (INS) has agreed to administratively close cases of certain Haitian nationals covered by DED who request during proceedings that their case be administratively closed. Effective immediately, for cases before the Immigration Court, either the INS, or the respondent or applicant for admission, may request administrative closure of an immigration proceeding based on eligibility for DED. In addition, if an Immigration Judge determines that an alien may be eligible for DED, he or she may ask the parties if they wish to have the case administratively closed. If both the INS and the respondent or applicant for admission consent to administrative closure, an Immigration Judge must administratively close the case. It is anticipated that the Immigration Courts will eventually administratively close all eligible Haitian cases.

Eligible Haitian cases pending at the Board of Immigration Appeals will be administratively closed and all parties will receive notice of this action within the next several weeks.

#EOIR#