121. Memorandum From President Carter to Attorney General Civiletti1
SUBJECT
- SEIZURE OF VESSELS BRINGING ILLEGAL CUBAN ENTRANTS TO U.S.
I am very concerned that we do everything possible to achieve vigorous, prompt, fair and effective enforcement of the laws against bringing illegal Cuban entrants to the United States, including the seizure and subsequent forfeiture of vessels used for these purposes.
I request that you and the Department exert your maximum efforts to enforce these laws, with special emphasis on the vessel seizure provisions.
I am advised that the seizure process has been retarded by the need of the immigration officer to satisfy himself that there is probable cause to believe that the owner or master of the vessel was a consenting party or privy to the illegal act. I understand you are reviewing the existing regulations and enforcement guidelines to determine whether they can be administratively modified so as to simplify the applicable standard for determining consent or privity. I would also like you to press forward to obtain the enactment of pending legislation that would, among numerous other amendments of the immigration laws, modify the existing consent and privity requirements. My legislative staff will give you all possible assistance for this purpose. With their help it may be possible to move rapidly by identifying a pending bill approaching enactment, to which an appropriate amendment of the vessel seizure provisions alone could be added.
The national interest requires that we enforce our existing laws (and amend both existing laws and regulations if necessary) so as to deter the continuing violation of these laws by our own citizens and residents. I am counting on you and your colleagues to do your utmost to accomplish this objective.
- Source: Carter Library, National Security Affairs, Staff Material, North/South, Pastor, Country, Box 18, Cuba, Refugees, 8/80. No classification marking. In an attached handwritten note to Aaron, August 29, Brzezinski reported, “DA, Lloyd [Cutler] will develop this p.m. the part dealing with law enforcement and [unclear]. You shall do the rest: i.e. DOD Coast Guard (negotiations need not be touched) legislative push—i.e. Fred [likely Frank Moore] ZB.”↩