Summary: H.R.45 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/25/1989)

Chinese and Central American Temporary Protected Status Act of 1989 - Title I: Temporary Protected Status - Amends the Immigration and Nationality Act to establish a temporary protected status for certain nationals of the People's Republic of China (PRC), El Salvador, Nicaragua, and other designated foreign states. Authorizes an alien in such status to work in the United States.

Authorizes the Attorney General to so designate a country (or part thereof) only if: (1) there is an ongoing armed conflict which would threaten the safety of returned aliens; (2) a natural disaster has created conditions under which the country cannot handle the return of such aliens, and the country has requested such designation; or (3) extraordinary and temporary conditions exist in the country that prevent the aliens' return, unless the Attorney General finds that their presence in the United States would be contrary to U.S. national interest. Makes initial foreign state designations effective for between six and 18 months, as determined by the Attorney General.

Designates the PRC, EL Salvador, and Nicaragua as such states.

Makes initial designations effective for: (1) three years for the PRC, El Salvador, and Nicaragua; and (2) between six months and 18 months for other states.

Requires the Attorney General to review the status of a designated country periodically. Makes a designation, extension, or termination of designation of a foreign country effective upon publication in the Federal Register. Prohibits judicial review of such designations.

States that a national of the PRC, El Salvador, or Nicaragua shall be eligible for such status only if he or she: (1) has been continuously physically present in the United States since the date of enactment of this Act; (2) has continuously resided in the United States since July 1, 1989; (3) is otherwise admissible as an immigrant; and (4) registers as required.

States that an alien from a designated country shall be eligible for such status only if the alien: (1) has been continuously present and resided in the United States since the most recent designation of his or her country; (2) is otherwise admissible as an immigrant; and (3) registers as required.

Authorizes registration fees, with a maximum amount of $50.

Permits waiver of certain alien excludability provisions for humanitarian or family unity purposes or when otherwise in the public interest.

Prohibits such waiver in cases involving certain drug offenses, criminals, national security concerns, or Nazi persecutions.

Makes an alien ineligible for such benefits if he or she: (1) has been convicted in the United States of a felony or two or more misdemeanors; or (2) has participated in persecution or is a threat to U.S. security.

States that such temporary residency period shall not be considered as physical presence for suspension of deportation purposes unless the Attorney General determines that extreme hardship exists.

States that during such temporary residency period the alien: (1) shall not be considered to be permanently residing in the United States under color of law; (2) shall not be eligible for Federal public assistance, except for specified emergency medical treatment; (3) may be deemed ineligible for public assistance by a State or local authority; (4) may travel abroad; and (5) shall be considered in lawful status for adjustment or change of status purposes.

States that the statutory procedure established by this Act shall be the Attorney General's exclusive authority to permit specified aliens to remain in the United States temporarily by virtue of their nationality.

Directs the Attorney General to report annually to the appropriate congressional committees regarding the operation of such temporary residency program.

Title II: GAO Investigation and Report and Congressional Review - Directs the Comptroller General to: (1) begin an investigation concerning displaced nationals of El Salvador, Nicaragua, and the PRC within 60 days of enactment of this Act; and (2) report to the Speaker of the House and to the President of the Senate within two years of initiating such investigation.

Requires determinations to be made, with respect to displaced Salvadorans and Nicaraguans living in El Salvador, Nicaragua, Honduras, Guatemala, Belize, Costa Rica, or Mexico, of: (1) the number and locations of such persons; (2) their place of origin in El Salvador or Nicaragua and the period of, and reason for, their displacement; (3) their current living conditions, with particular attention to questions of personal safety and the availability of food and medical assistance; (4) current efforts to provide such necessities; (5) the impact of wars in El Salvador and Nicaragua; and (6) the impact of the Immigration Reform and Control Act of 1986 on Nicaragua and El Salvador.

Requires assessments to be made, in the case of Chinese, Salvadorans, and Nicaraguans returned from the United States to their country, of: (1) their conditions upon return, with particular attention to any human rights violations; and (2) the extent to which these persons have become displaced persons in their country.

Requires the investigation, with respect to such nationals unlawfully in the United States, to: (1) compare the situation in El Salvador, Nicaragua, and the PRC with previous cases of administrative grants of extended voluntary departure under the immigration laws; (2) describe U.S. policies respecting the treatment of other aliens in the United States in similar circumstances; (3) describe the policies of all other countries in which such nationals have sought refuge as those policies concern the return of such persons to their country; and (4) assess their conditions in the United States.

Provides for the referral of such report to the appropriate congressional committees in accordance with the rules of each House for committee hearings and report.