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been that the individuals in question not engage in public political activity, since such activity would neither be necessary nor appropriate for the performance of their official U.N. functions. For that same reason, the Department has on occasion declined to permit PLO representatives to travel beyond the specified area for the express purpose of engaging in such public political activity. The Department is not of the view that the travel restrictions at issue violate the First Amendment or other constitutional or statutory rights of U.S. citizens or residents. In particular, we do not believe that the First Amendment requires that aliens be permitted unrestricted entry to or travel within the United States simply to accommodate the desires of U.S. citizens or residents to hear them in public gatherings, where there is a legitimate governmental interest in restricting such entry and travel. In this respect, we would direct your attention to the decision of the Supreme Court in Kleindienst v. Mandel, 408 U.S. 753 (1972). Nor do we believe that the presence of PLO representatives in New York pursuant to U.S. obligations under the U.N. Headquarters Agreement, which allows them free access to the Headquarters District, requires the U.S. Government to permit them access to areas outside the vicinity of the Headquarters District or to permit them to take part in activities which are not required by their U.N. functions.
Dept. of State File No. P76 0148-2672.
Travel by Former President
Ambassador Robert J. McCloskey, Assistant Secretary of State for Congressional Relations, wrote a letter to Senator John V. Tunney on April 26, 1976, replying to a constituent's inquiry concerning a recent visit of former President Richard Nixon to the People's Republic of China. Ambassador McCloskey's letter stated:
Mr. Nixon's visit to the People's Republic of China was undertaken entirely in his capacity as a private United States citizen. In accordance with the expressed wishes of the Government of the People's Republic of China and as a normal matter of comity between governments, the U.S. Government permitted an aircraft from the People's Republic of China to land in California in connection with the visit. Aside from activities related to the Chinese special flight (including provision of an escort crew to insure safety of operations in U.S. airspace), the U.S. Government's role in the visit was limited to the provision by the Secret Service of personal protective services, as required by law, to the former President.
[Your constituent] specifically raises the question of the relevance of the Logan Act to Mr. Nixon's visit. The Logan Act, 18 U.S.C., §953, provides as follows:
Any citizen of the United States, wherever he may be, who,
without authority of the United States, directly or indirectly commences or carries on any correcpondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined not more than $5,000 or imprisoned not more than three years, or both.
It is the responsibility of the Department of Justice to make determinations of whether criminal statutes of this sort have been transgressed and whether individuals should be prosecuted under them. However, the Department of State is unaware of any basis for believing that Mr. Nixon acted with the intent prohibited by the Logan Act. In this connection, it should be noted that no one has ever been prosecuted under the Logan Act, which was enacted in 1798.
Western Hemisphere Immigrants
The Immigration and Nationality Act Amendments of 1976 (P.L. 94-571; 90 Stat. 2703) were approved by the President on October 20, 1976, to take effect on January 1, 1977. In a statement accompanying signature, President Ford summarized the provisions of the amendatory legislation and his views regarding one aspect of it as follows:
. . This legislation brings our immigration procedures for the Western Hemisphere into line with those for the Eastern Hemisphere. Among other things the enrolled bill would:
-apply the preference system currently applicable to Eastern Hemisphere immigrants to natives of countries of the Western Hemisphere (with minor modifications);
-apply the 20,000-per-country limit to countries of the Western Hemisphere;
-make Western Hemisphere immigrants eligible for adjustment of status to that of lawful permanent residents on an equal basis with Eastern Hemisphere immigrants;
-apply the labor certification requirements equally to immigrants native to both hemispheres; and
-provide that Cuban refugees covered under the Cuban Refugee Act of 1966 will not be charged to the Western Hemisphere quota (of 120,000 per year).
This legislation will also facilitate the reunification of MexicanAmerican families by giving preference to Mexican nationals who are close relatives of United States citizens or lawful permanent residents, or who have needed job skills. I am concerned, however, about one aspect of the legislation which has the effect of reducing
the legal immigration into this country from Mexico. Currently about 40,000 natives of Mexico legally immigrate to the United States each year. This legislation would cut that number in half.
The United States has a very special and historic relationship with our neighbor to the south. In view of this special status we have with the Mexican Government and the Mexican people, I will submit legislation to the Congress in January to increase the immigration quotas for Mexicans desiring to come to the United States.
Weekly Compilation of Presidential Documents, Vol. 12, No. 43, Oct. 25, 1976, p. 1548. For the background of the new legislation, a section-by-section analysis of it, and the views of the Depts. of State and Justice concerning it, see H. Rept. 94-1553. The Dept. of State issued amendments, effective Jan. 1, 1977, to part 42 (Visas: Documentation of Immigrants under the Immigration and Nationality Act, as amended) of title 22 of the Code of Federal Regulations, made necessary by the enactment of P.L. 94-571. Fed. Reg., Vol. 41, No. 243, Dec. 16, 1976, pp. 54927-54929. On Dec. 17, 1976, the Immigration and Naturalization Service (INS) of the Dept. of Justice issued amendments, effective Jan. 1, 1977, of parts 204, 205, 211, 212, and 245 and ch. 1 of title 8 of the Code of Federal Regulations, also made necessary by the enactment of P.L. 94571. Fed. Reg., Vol. 41, No. 248, Dec. 23, 1976, pp. 55847-55851. Questions and answers setting forth INS interpretations of P.L. 94-571, as related to typical situations that may arise under the amendments, were issued by the Acting Commissioner of Immigration and Naturalization on Dec. 23, 1976. Fed. Reg., Vol. 41, No. 252, Dec. 30, 1976, pp. 56870-56873.
The Immigration and Naturalization Service announced on March 12, 1976, the amendment effective March 17, 1976, of Title 8 of the Code of Federal Regulations, §§ 204.1(b) and 204.3(d), pertaining to the filing of orphan visa petitions. The purpose of the amendments was to implement the provisions of Public Law 94-155 (89 Stat. 824; 8 U.S.C. 1151), approved December 15, 1976, which amended § 101(b) (1) (F) of the Immigration and Nationality Act to grant an alien child adopted by an unmarried U.S. citizen at least 25 years of age the same immigration status as an alien child adopted by a U.S. citizen and his spouse jointly.
Under the amended regulations, if the unmarried petitioner resides outside the United States, the petition must be filed with the foreign office of the Service designated to act on the petition, which can be ascertained by consulting an American consul. Since no Service office in Canada had been designated, a petitioner residing in that country must file the petition with the office of the Service having jurisdiction over the place of the child's intended residence in the United States. A petitioner intending to proceed abroad to locate an orphan for adoption may submit a request in writing to the district director in whose jurisdiction the petitioner resides to initiate preliminary processing prior to filing a petition.
Fed. Reg., Vol. 41, No. 53, Mar. 17, 1976, pp. 11171-11172.
Section 204.2(e) of Title 8 of the Code of Federal Regulations was amended effective March 16, 1976, to incorporate the holding of a selected precedent decision of the Immigration and Naturalization Service in Matter of The, 13 I. & N. Dec. 675. That decision held, in part, that in order for an alien dentist to be classified, for eligibility for third or sixth preference, as a member of the professions he must be a graduate of a dental school in the United States or Canada, or be a graduate of a dental school in some other country and have been granted a full and unrestricted license to practice dentistry in the country where he obtained his dental education. The amended regulation, as set forth in a new subparagraph, 8 CFR 204.2(e) (2a), provides, additionally, that in any other case the district director may consult with organizations and experts in the dental field for the purpose of obtaining an advisory opinion of the alien's qualifications as a dentist.
Fed. Reg., Vol. 41, No. 52, Mar. 16, 1976, pp. 11015-11016.
The Health Professions Educational Assistance Act of 1976 (P.L. 94-484; 90 Stat. 2243; 42 U.S.C. 201 note), approved October 12, 1976, made several amendments to the Immigration and Nationality Act. These became effective on January 10, 1977. The Congress found and declared, inter alia, "that there is no longer an insufficient number of physicians and surgeons in the United States such that there is no further need for affording preference to alien physicians and surgeons in admission to the United States under the Immigration and Nationality Act." (8 U.S.C. 1101 et seq.) The amendments to the Act made in Public Law 94-484 were summarized by the Immigration and Naturalization Service (INS) as follows:
Section 212(a) is amended by adding a new paragraph (32) which provides that aliens who are graduates of a medical school and are coming to the United States principally to perform services as members of the Medical profession shall be ineligible to receive visas and shall be excluded from admission into the United States except for those who have passed Parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health, Education, and Welfare), and who are competent in oral and written English. Section 101(a) is amended by adding new paragraph (41) which defines the term "graduates of medical school" to be aliens who have graduated from a medical school or who have qualified to practice medicine in a foreign state.
Section 101(a) (15) (H) (i) has been amended to provide that in order for an alien who is a graduate of a medical school coming to the United States to perform services as a member of the medical profession to be admitted temporarily to the United States as an alien of distinguished merit and ability to perform services of an exceptional nature requiring such merit and ability, he must be
coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency.
Section 101(a) (15) (H) (ii) has been amended to provide that graduates of medical schools coming to the United States to perform services as members of the medical profession cannot be admitted to the United States temporarily to perform temporary services or labor under section 101(a) (15) (H) (ii) of the Act.
Section 101(a) (15) (H) (iii) has been amended to provide that an alien coming to the United States in order to receive graduate medical education or training cannot be admitted into the United States temporarily as a trainee under the provisions of this section of the Act.
Section 101(a) (15) (J) is amended by placing aliens coming to the United States to receive graduate medical education or training into that nonimmigrant classification.
Section 212 is amended by adding a new paragraph (j) which sets forth the requirements for aliens coming to the United States to receive graduate medical education or training under section 101(a) (15) (J). New section 212(j) (1) provides generally that: (A) an accredited school of medicine (and its affiliated hospitals) or one of the other health professions has agreed in writing to provide or arrange for the provision of the graduate medical education or training under the program for which the alien is coming to the United States; (B) before making such agreement the school iş satisfied that the alien has passed Parts I and II of the National Board of Medical Examiners Examination (or equivalent), the alien is competent in oral and written English and able to adapt to and participate satisfactorily in the program for which he is coming to the United States; (C) the alien has made a commitment to return to the country of his nationality or his last residence upon completion of the program and has provided the written assurance of his government which is satisfactory to the Secretary of Health, Education and Welfare that his training will be put to use in his country; and (D) that the duration of the alien's participation in the program for which he is coming to the United States is limited to a period of two years but may be extended for one additional year provided certain conditions as set forth in the statute, are compiled with.
Section 212(j) (2) (A) provides that between the effective date of this Act and December 31, 1980, the provisions of section 212(j) (1) (A) through (D) shall not apply to any alien who seeks to come to the United States to participate in an accredited program of graduate medical education or training if there would be a substantial disruption in the health services provided by such program if the alien were not permitted to enter the United States to participate in such program because he did not meet the requirements of section 212 (j) (I).
Section 212 (j) (2) (B) provides that the number of aliens who may be permitted to enter the United States pursuant to the exemption provisions of section 212 (j) (2) (A) may not exceed the total number of aliens participating in such programs on the effective date of this section.