Delegation of Authority Under Sections 212(f) and 215(a)(1) of the Immigration and Nationality Act

President Clinton delegated to the Attorney General the authority to maintain custody and conduct screening of undocumented persons intercepted on the high seas through December 31, 2000, with ratification of actions taken since April 16, 1999. The delegation explicitly excludes any enforceable rights or refugee determination procedures.

Federal Register Open PDF 64 FR 55809

Impact dates

Dec 31, 2000
Delegated authority expires
Apr 16, 1999
Retroactive ratification effective date for prior actions

Key directives

Delegate authority to Attorney General to maintain custody of interdicted undocumented persons at locations of her choosing
Delegate authority to conduct screening in Attorney General's unreviewable discretion
Authorize any other lawfully permitted actions regarding such aliens
Ratify all actions taken since April 16, 1999 that would have been valid under this delegation
Publish memorandum in Federal Register

Who is ordered

Attorney General · Department of Justice

Timeline

Immediate

Delegation takes effect upon signing
Ratification of actions since April 16, 1999

Near term (90d)

Attorney General may begin exercising custody and screening authority

Long term

Authority expires December 31, 2000
Potential extension or renewal requires further presidential action

Risks & tensions

Unreviewable discretion clause raises due process concerns for intercepted migrants
Explicit denial of enforceable rights or refugee procedures may conflict with international law obligations
Temporary nature (through 2000) suggests stopgap measure pending legislative or policy resolution
Vague 'any other appropriate actions' language provides broad but undefined authority