Emergency Chinese Immigration Relief Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China (PRC) who: (1) are present in the United States on the date of enactment of this Act (or who would have been present but for a brief U.S. departure); (2) are on an exchange visitor (J) visa (student, teacher, research); and (3) apply for adjustment to immigrant status or change of nonimmigrant status within four years of enactment of this Act.
Presumes continuous U.S. residence for purposes of status adjustment or change of status for a national of the PRC who was in lawful U.S. nonimmigrant status as of June 5, 1989.
Permits Chinese nationals lawfully present in the United States as of June 5, 1989, on an (F), (J), or (M) visa (student, exchange visitor, vocational student) to work.
Requires the Attorney General to send explanatory notices of visa expirations (instead of deportation notices) to such aliens during the deferred departure period provided for under this Act.
Requires that careful consideration be given to all applications for asylum, withholding of deportation, and refugee status filed by nationals of the PRC who express a fear of persecution upon return because of such country's "one couple, one child" policy. States that applicants who establish that they have refused to abort or be sterilized shall be considered to have established a well-founded fear of political persecution upon return to the PRC.
Requires the Attorney General to promulgate implementing regulations within 60 days of enactment of this Act. Sets forth regulation guidelines.
The House received a communication from the Clerk. - Pursuant to the permission granted in Clause 5 of Rule III of the Rules of the U.S. House of Representatives, the Clerk transmitted the returned enrollment of H.R. 2712, together with a memorandum from the President relating to said bill received at 6:40 p.m. on Thursday, November 30, 1989.
The Chair laid before the House the veto message from the President.
The Speaker, ordered that the memorandum of disapproval, together with the accompanying bill, be printed as a House Document and spread upon the pages of the Journal of the House.
Mr. Brooks moved to postpone consideration of the veto message until Jan. 24.
On motion to postpone consideration of the veto until January 24, 1990. Agreed to without objection.
The Chair announced the unfinished business to be the consideration of the veto.
Mr. Michel moved that the House refer the veto of H.R. 2712 jointly to the Committees on Foreign Affairs and the Judiciary with instructions.
DEBATE - The House proceeded with one hour of debate on the motion to refer the veto of H.R. 2712 jointly to the Committees on Foreign Affairs and the Judiciary with instructions that the Committees consider the merits of the veto in light of events in China since passage of the bill and actions which the President has taken to protect Chinese students in the United States and promptly report their recommendations back to the House.
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The previous question was ordered without objection.
On motion to refer the veto of H.R. 2712 jointly to the Committees on Foreign Affairs and the Judiciary with instructions Failed by the Yeas and Nays: 137 - 276 (Roll no. 3).
Roll Call #3 (House)Motion to reconsider laid on the table Agreed to without objection.
DEBATE - The House proceeded with one hour of debate on the question of passing the bill upon reconsideration, the objections of the President to the contrary notwithstanding.
The previous question was ordered without objection.
Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 390 - 25 (Roll No. 4).
Roll Call #4 (House)Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 390 - 25 (Roll No. 4).
Roll Call #4 (House)Veto message received in Senate.
Veto message considered in Senate.
Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 62-37. Record Vote No: 1.
Roll Call #1 (Senate)Failed of passage in Senate over veto by Yea-Nay Vote. 62-37. Record Vote No: 1.
Roll Call #1 (Senate)Message on Senate action sent to the House.