Subject: CND-US, July 17, 1993

From: [email-masked]
Date: Sat, 17 Jul 1993 00:28:49 PDT

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                               (US Regional)

                          Saturday, July 17, 1993

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| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has  basically no overlap with the daily news.  CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
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Table of Contents                                                 # of Lines
============================================================================
1. News Brief (3 items) ................................................. 27
2. CACA Issues Statement to Congress on Chinese Boat People ............ 145
3. Hero of Tiananmen Finds Freedom, Too, Can Be a Struggle
   -- Once a Star, Later a Chauffeur, Wuerkaixi Gets a New Start ........ 132

                     CND-US CSPA Information Exchange
                     --------------------------------
4. IFCSS's Open Letter to Those Who Came After April 11, 1990;
   A Question from a Latter Comer for the IFCSS ........................ 100
5. IFCSS Headquarters News Release No.5016:
   INS CSPA Operation; Late-Arriving Dependents Issue ................... 30
6. IFCSS News Release No.5012: Clarification on INS Receipts ............ 20
============================================================================

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1. News Brief (3 items) ................................................. 27
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[Xinhua, 7/14/93] BEIJING -- About 70 percent of the U.S.-based Du Pont
company's investment in 1993 will be put into the Asian-Pacific region, in
which China is the most important market, a senior manager from Du Pont said
here recently. Dick Y. H. Liu, president of the Du Pont China Holding Co. LTD,
said in an interview with Xinhua that Du Pont's investment in the region will
amount to about 2 billion U.S. dollars by the year 2000, and that China will
receive the biggest chunk of those funds. Du Pont has also transferred some
advanced technology to China in recent years, and has financed 12 scientific
centers and five colleges here. Enterprises in 17 provinces and cities are
currently using Du Pont-developed technology. (Forwarded by: Deming)
                               ___  ___  ___

[UPI, 7/13/93] HOUSTON -- Brown & Root Marine said Tuesday it has won a
$19.3 million project-services contract to help develop the South China
sea's largest oil field. Brown & Root Marine, a unit of Houston-based Brown
& Root Inc., received the contract from Amoco Orient Petroleum Co. and its
partner, China Offshore Oil Nanhai East Corp. (Forwarded by: Deming)
                               ___  ___  ___

[UPI, 7/13/93] PITTSBURGH -- Westinghouse Electric Corp. said Tuesday it
plans to form a 50-50 joint venture with China's Longyuan Power Technology
Exploitation Corp. to modernize 550 of the Asian nation's steam-turbine
generators. The company said the joint venture will also eventually provide
technology and advanced field services to more than 400 Chinese power
stations. Westinghouse will provide technology, management, technical field
assistance and components, while LYPTEC will coordinate project planning with
power plants and local power bureaus, obtain and manage local financing and
manage local goods and services sourcing. (Forwarded by: Deming)

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2. CACA Issues Statement to Congress on Chinese Boat People ............ 145
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From: Edward Sheng-Yang Wang <[email-masked]>

Chinese American Citizens Alliance read the following statement to Congress
on June 30, 1993:

Dear Chairman Mazzoli and Members,
House Subcommittee on International Law, Immigration and Refugees:

Thank you for the opportunity to present this testimony on the issue of the
boat smuggling involving Chinese nationals. I am representing the Chinese
American Citizens Alliance (C.A.C.A.), the nation's oldest membership
supported Asian civil rights organization. Since 1895, C.A.C.A. has advo-
cated for fair legislations to protect the rights of Asian Americans in the
area of immigration, education, employment and electoral participation. I am
also submitting this testimony on behalf of the Committee for Immigration
Justice (CIJ), a Northern California coalition of over 60 community service
and civic organizations dedicated to the principle of family based immigra-
tion.

Immigration has always been the cornerstone of the American experience. Our
country has been enriched through the invaluable contributions from
immigrants who seeked a better quality of life or yearned for democratic
freedom for themselves and their children. Their talents and determination
to contribute has helped build America into the undisputed world leader she
is today.

However, due to the historical exclusionary laws dating back to the 1882
Chinese Exclusion Act, most Chinese and Asian Americans were not allowed the
same immigration rights until the repeal of the Exclusion Act in 1943 and
ultimately the passage of the 1965 Immigration Reform Act. Since 1965, Asian
Americans have been able to immigrate to the U.S. through the family reuni-
fication preference provisions. The Asian American population has increased
during the past two decades primarily due to the new immigration policy.
According to the U.S. Immigration Statistics, the following numbers of legal
immigrants were admitted to the U.S. between 1820 and 1985:

        Germany:            7,031,370
        Italy:              5,330,060
        Ireland:            4,697,290
        Austria/Hungary:    4,326,000
        China:              735,095
        Hong Kong:          242,077

Despite its late arrival, the contribution of the Asian American community
towards our country's advancement is well documented.

As the Asian American population begins to increase and the community gains
higher visibility during the 80's, and coupled with misleading statements on
the economic, environmental impacts caused by immigration, there is growing
sentiments that U.S. immigration laws, both legal and asylum based, should be
restricted. Fueling this are recent highly publicized incidents of boat
smuggling involving Chinese nationals which have unfairly thrust the Chinese
American community into the national immigration debate. More importantly,
we have been scapegoated by improper public statements implying the entire
community's involvement with the smuggling.  As expected, all of these
factors have caused a tremendous backlash on the Chinese and Asian American
community.

As you consider proposals to address this volatile issue of legal and asylum
immigration, we strongly urge that any American immigration policy must not
be influenced by fears and emotions, but defined by humane, factual, and
logical grounds.

Therefore, C.A.C.A. and CIJ submit for your consideration the following
positions:

1. All undocumented Chinese aliens must be treated humanely and granted the
   due process under the law.

While much attention has been placed on the current asylum law and its oper-
ations, our country must not weaken our American principles of democracy by
compromising the basic principles of due process and humantarian concern for
these aliens. These individuals should be given the opportunity to present
their legitimacy for residency. As we have not the opportunity to review the
proposed Summary Exclusion legislations, weeeraise our concern on how the
summary exclusion process, specifically how a frivolous claim is determined-
will be managed: Will the asylum officer receive proper training in the
highly sensitive areas of human rights, as well as cultural and linguistic
sensitivities; whether there is a meaningful review process for the peti-
tioner should the initial asylum officer summarily denies the claim.

2. The government must vigorously investigate and prosecute those involved
   in smuggling people for profit and indentured servitude under existing
   criminal statutes.

The Chinese American community has been unfairly linked to the recent boat
smuggling activities. Blaming the entire community for individual acts is
prejudice and divisive. Such irresponsible comments have inflamed the
already growing xenophobic and anti-Asian sentiments in this country.

The Chinese American community will support legislations which would impose
increased penalties on the smugglers found guilty of smuggling aliens for
indentured servitude. We believe this is the most effective way to stop the
tragic cycle of human slavery. There may be additional proposals designed to
give the INS expanded enforcement authority. While we support efforts to
increase resources for the proper authorities to investigate and prosecute
the smugglers, we are opposed to legislation which would grant INS agents
expanded authority of allowing the use of wiretaps. C.A.C.A. and CIJ believe
such highly technical and sensitive forms of investigations should be
carried out by trained criminal investigators such as FBI agents. We are
concerned that if granted this power, this INS, whose members have already
made improper statements implying the Chinese American community's involve-
ment of smuggling, may have a prejudicial view of the Chinese American
community. The agents may not be able to respect the constitutional rights
to privacy of the otherwise law abiding citizens of the Chinese American
community.

3. The recent smugglings must not be used as a vehicle to diminish existing
   asylum and family based immigration laws.

We recognize there is a need to better administrate the immigration petition
process. But the changes must be made from the operational perspective and
not to lessen the intent of asylum and especially family sponsored immigra-
tion. As 1993 marks the fiftieth anniversary of the repeal of the Chinese
Exclusion Act-it was not until the 1965 Immigration Reform Act that Chinese
and other Asians were allowed to immigrate to the U.S.-any limits imposed on
the exisiting immigration laws will be detrimental to the Chinese and Asian
American communities whose members already must endure long waits to be
reunited with their families. For years, there was the denial of opportunity
to unite families of Asian descent. But we have learned from the tragic
lesson of forced family separation and great progress has been made to
respect the right to family reunification for Americans. The need for family
based immigration must not be diminished.

Lastly, we need to have a better understanding of the real victims of these
smuggling activities from China. These Chinese nationals were apparently
given misinformation on American life, and immigration and employment
opportunities. They endured the dangerous voyage in hope of starting a new
life. Instead, they are caught in the seemingly unbreakable cycle of long
term indentured slavery.

We recommend the U.S. government establish a fact finding delegation whose
members may include the congressional and administrative leadership, Chinese
American community representatives and immigration rights advocates. The
delegation will visit with the Chinese government and the Fujian Province,
where most of the organized smuggled activities have apparently originated.
The visit can accomplish two objectives. One is to acquaint the American
community on the living conditions in Fujian, China and what motivations
these residents may have in seeking ways to leave their country. Secondly,
the delegation can provide accurate information on all issues of concern to
both the Chinese government and local leadership. It is our hope that once
all the factors are made available, fewer Chinese nationals may fall victims
to indentured servitude.

There is a tendency to blame our country's economic and environmental costs
on immigration policies, but there is no denial there is the on-going long
term positive benefits of these newcomers who have contributed to our
country's educational, economic and social progress. C.A.C.A. and CIJ urge
members of the Subcommittee on International Law, Immigration and Refugees
to carefully consider the above positions and ultimately uphold the
principle of family based immigration for all Americans.

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3. Hero of Tiananmen Finds Freedom, Too, Can Be a Struggle
   -- Once a Star, Later a Chauffeur, Wuerkaixi Gets a New Start ........ 132
----------------------------------------------------------------------------
Forwarded by: A CND Reader
Source: The Wall Street Journal, July, 12, 1993
Written by: Sarah Lubman, Staff Reporter

SAN RAFAEL, Calif. -- Like legions of his countrymen who have fled China for
the West, Wuerkaixi two years ago found himself working as a busboy in a
Chinese restaurant, earning the minimum wage and fearful of losing his job.
He recalls going to work on New Year's Eve after minor foot surgery, staying
past midnight and going home to find his sock filled with blood. "What was I
supposed to do, show them my toe and say, `I have to leave'?" he asks.

Mr. Wuerkaixi's journey from political repression to economic hardship re-
capitulates a familiar pattern, but in his case there have been some unusual
stops along the way. An invitation to study at Harvard University, for
instance. A stint as the political toast of Paris. A televised showdown,
before a riveted global audience, with the premier of China.

It was Mr. Wuerkaixi, brandishing a megaphone, who led thousands of pro-
democracy students into Tiananmen Square four years ago. He became the icon
of the first rebellion to be broadcast live from start to finish. When the
pro-democracy movement was crushed by tanks, Mr. Wuerkaixi (pronounced
woo-are-kye-shee) fled the country and became a leader of China's emigres,
galvanizing foreign audiences with his oratory.

But somehow, Mr. Wuerkaixi became lost in the promised land. He is persona
non grata among fellow Chinese emigres, many of whom are now ensconced at
prestigious U.S. universities. He recently moved to a cheaper apartment, and
says he hasn't been able to find steady part-time work since a chauffeuring
stint ended. "For a 25-year-old, my life has been too much," Mr. Wuerkaixi
says.

Now, the hero of Tiananmen Square is starting over. He is studying for his
bachelor's degree at Dominican College here. He fantasizes about opening a
restaurant. He says he would like to return to China some day, to teach, and
to "do whatever I can" to build democracy.

It was on the night of April 17, 1989, in his university's dusty courtyard,
that the young rebel gave the first of many impassioned speeches beginning
with the bold (and later bombastic) cry, "I am Wuerkaixi!" He was a founder
of the student union that helped organize the protests, and throughout that
spring Mr. Wuerkaixi occupied the spotlight at crucial symbolic moments.
Television cameras captured his charge, atop classmates' shoulders, against
a line of policemen. He chided Premier Li Peng on national TV, then sank to
the floor in exhaustion, still dressed in hospital pajamas after treatment
for effects of a hunger strike.

Mr. Wuerkaixi's escape from China after the army's massacre of civilians was
no less dramatic. He went into hiding, then slipped out of the country with
his girlfriend by boat. He was No. 2 on the police most-wanted list of
student leaders; No. 1 was his friend, Wang Dan, who was caught and jailed
until last February.

Once in exile, the young hero was much in demand. The media sought him out
in Tokyo, Paris and Hong Kong, where T-shirts and posters bore his likeness.
In France, he became vice president of the Federation for a Democratic China
(FDC), a post-Tiananmen exile group. He also broke up with his girlfriend,
Liu Yan, and lived with the wife of a Chinese pop-music star before landing
in the U.S.

"The pressure on him was so great," says Liu Yan, now 23. "You could see the
conflict. Wuerkaixi liked being famous and recognized everywhere. But he
didn't like being held responsible for every single thing he did."

Almost overnight, Mr. Wuerkaixi had achieved world-wide fame and the dissi-
dent's dream: political and intellectual freedom. He settled in Cambridge,
Mass., where Harvard admitted him as a tuition-free "special student."

But the hero's penchant for drama soon lapsed into parody. "His speeches
began to make less and less sense," recalls Kelvin Hou, a former president
of the FDC's San Francisco chapter. "Everything began to revolve around him."

Liu Binyan, the 68-year-old doyen of Chinese emigres, remembers the time Mr.
Wuerkaixi scolded a Harvard audience for being disrespectful and then refus-
ed to speak. "He was so arrogant," Mr. Liu says. "But it was really a pro-
blem of the whole younger generation, which went from extreme Maoism to
extreme individualism."

"I think I lost myself for a while," Mr. Wuerkaixi says now.

Instead of studying, Mr. Wuerkaixi jetted around making speeches for thou-
sands of dollars. In February 1990, he dropped out of Harvard. Later that
year, the FDC voted him out of office. "He never fulfilled what we'd expect-
ed him to do. He eventually disappeared," says Roderick MacFarquhar, a pro-
fessor of Chinese politics at Harvard. Mr. Wuerkaixi says he was simply too
overwhelmed to focus, put off by everything from Americans' casual
relationships to language difficulties.

So Mr. Wuerkaixi moved to California, gained weight and faded from sight.
For a while, he lived on a $20,000 advance payment from an Italian film
producer for the rights to his story. (The film was never made.) A Chinese-
American supporter put him up for several months. In late 1990, Mr. Wuerkaixi
and a friend moved into an apartment in Berkeley, each paying $375 a month.
By mid-1991, his savings were running out, and he began looking for work.

As Mr. Wuerkaixi wandered from one job to another, at least one employer was
dubious. "Some people said he's a hero, some said he's a jerk," recalls
Hammond Ku, manager of the Farmhouse Restaurant in Redwood City, Calif.,
where Mr. Wuerkaixi worked part time for five months as floor manager and
host. Mr. Ku found his new employee to be a humble yet eager worker who
arrived on time despite a 90-minute commute and minimum wage.

Jim Lin, manager of the Concord, Calif., restaurant where Mr. Wuerkaixi
bused tables, says he was a decent worker for the short time he worked
there. "He was regular, pretty low key."

By last year, Mr. Wuerkaixi wanted to settle down and study. But only
Dominican College, which has an "academic forgiveness" program, would over-
look his lack of documentation and admit him.

Mr. Wuerkaixi hopes someday to return to Harvard. His greatest desire is to
return to China, but his old demands for rapid political change along
Western lines have faded. "America is not my dream country. It's not what I
want for China," he says. Mr. Wuerkaixi has concluded that America's extreme
individualism, and its legal system, can't be transplanted. And he says that
the reform of China's political system has already begun, pointing to the
release of some high-profile dissidents and to the international travel
privileges granted to others. "It's better than nothing," he says.

He looks ahead, but the past haunts. In an empty auditorium on Dominican's
campus, Mr. Wuerkaixi softly sings the "Internationale," the stirring
communist anthem, which students in Tiananmen Square sang to demonstrate
their patriotism. "Rise up, poverty-stricken slaves; stand up, sufferers of
the world," he sings in Chinese, the melody echoing eerily beneath the
room's high rafters.

Suddenly he stops, marveling: "Isn't that beautiful?"

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4. IFCSS's Open Letter to Those Who Came After April 11, 1990;
   A Question from a Latter Comer for the IFCSS ........................ 100
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From: IFCSS HQ <[email-masked]> Date: Fri, 16 Jul 1993

**************************************************************
IFCSS Headquarters News Release No.5017        July 16, 1993
**************************************************************
Independent Federation of Chinese Students and Scholars (IFCSS)
   733 15th Street, N.W., Suite 440, Washington, D.C.20005
         Tel. (202)347-0017  Fax: (202)347-0018
                Email: [email-masked]

                An Open Letter to Our Fellow Students
                       Who Came After April 11, 1990

Dear Fellow Students:

     Recently, we have received letters from some of you to voice
your concern over the IFCSS' approach to late-arriving dependents
issue. IFCSS appreciates your comment and is pleased to see that
the younger ones are ready to participate in the organization's
decision-making. We believe IFCSS owes you an explanation, which is
offered below. If you have further comments, please contact IFCSS
HQ.

     First, it should be realized that the CSPA as a whole has not
negatively affected your chances of obtaining PR. Had all these
CSPA beneficiaries adjusted their status through normal channels,
the backlog for China would be tremendous, and you would be far
down the waiting line. Now, with all these early-arriving people
absorbed into CSPA, for the first time in recent years we are going
to have visa numbers immediately available for employment-based 3rd
preference in the coming August.

     Second, starting from next year, 1,000 visa numbers will be
deducted from China quota. However, out of this 1,000 only 300 will
be actually deducted from employment-based 3rd preference; the rest
will come from investment immigration quotas, which will affect no
one. Again, if there had been no CSPA, the early-arriving students
would take up a lot more than 300 in the coming years.

     Third, according to the current law, if a person obtains PR
through employment-based 3rd preference, his/her dependents will be
automatically granted green cards using visa numbers in the same
category. Therefore, if there had been no CSPA, the late-arriving
dependents would be still using visa numbers under employment-based
3rd preference, since the overwhelming majority of early-arriving
students would obtain PR through that channel.

     But giving these reasons does not mean that IFCSS has not
tried to obtain more favorable results. We have explored the
possibility of including the late-arriving dependents under the
CSPA, but since that requires legislation in the Congress, the
difficulties at the moment are insurmountable given the strong
anti-immigration sentiment among the law-makers. Frankly, the
patience of our friends at the Congress has been worn very thin. If
we insisted on the inclusion, we would not succeed, because nobody
would support us; on the contrary, we would permanently damage the
good relationship we are now enjoying with the Congress. It is
certain that IFCSS will seek legislations beneficial to the new-
comers when appropriate occasion comes up. A good image and a
friendly relationship with the Congress are crucial to any future
success.

     According to the current statistics, the number of potential
CSPA applicants is much smaller than what has been estimated. The
total number of late-arriving dependents should be from 4,000 to
7,000. Since the number is at least 50% smaller than the previous
estimate, we are still seeking ways to let them use worldwide visa
numbers. For instance, we have asked that any possible left-overs
from the 45,000 available to CSPA principals be used by late-
arriving dependents. At the same time, we strongly encourage those
late-arriving dependents who can maintain a legal status for an
extended period of time (e.g. F-1 holders) to apply under family-
based 2nd preference.

     The immigration policy changes constantly. It would be
unrealistic to project beyond two or three years down the road.
However, as long as we have a strong organization, we can take
advantage of such changes.

     At the recent IFCSS 5th Congress, the current IFCSS leadership
had fairly extensive discussions with new-comer delegates. It is
our belief that with the strengthening of the Chinese community as
a whole, we will be able to achieve more in the future, which, of
course, depends largely on support from you, our younger brothers
and sisters.

     We wish you the very best!

                               IFCSS Headquarters Office

--- --- ---

From: A Latter Comer *****@*****.*****.uta.edu , July 16, 1993

A question for the IFCSS News Release No.5017:  IFCSS said if there were
no CSPA, those 45,000 CSPA applicants and their late-arriving dependents
would take more visa numbers from regular procedure.  Is it true that all
the 45,000 would be eligible for 3rd employment-based immigration?  How
many of them would not be qualified to apply for PR through normal procedure
without CSPA?

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5. IFCSS Headquarters News Release No.5016:
   INS CSPA Operation; Late-Arriving Dependents Issue ................... 30
----------------------------------------------------------------------------
From: IFCSS HQ <[email-masked]> Date: Fri, 16 Jul 1993 14:12:56

  IFCSS Continues to Work on Late-Arriving Dependents Issue III
  =============================================================

        On July 15, IFCSS HQ learned from INS Service Center
Operations that the total number of applications had not exceeded
40,000, for in the past days, the volumn has dwindled to around 50
a day. IFCSS was also told that it took at least 60 days to get the
notice of approval to the applicants.

     Later on, Shi Heping talked to Mr. Ed Skerett, Immigrant Chief
at INS HQ and asked that late-arriving dependents be allowed to
file before the principals get their approvals. Shi Heping pointed
out that if this could be arranged, late-arriving dependents would
be saved the trouble of going into Voluntary Departure and INS
would be saved a tremendous workload. Mr. Skerett promised to look
into the possibility. When Shi Heping suggested that late-arriving
dependents be allowed to use the CSPA left-over visa numbers if
there are any, Mr. Skerett replied that it would be difficult
because those numbers belonged to all the countries and preference
categories, not just China's third preference. In his word, "we
would have to shake up the whole pot."

     On July 16, Shi Heping and Liu Xiaozhu met with Mr.
E.B.Duarte, Director of INS Examination Operations. After hearing
the concerns expressed by the IFCSS officers, Mr. Duarte promised
to discuss with related offices the possibility of letting late-
arriving dependents use worldwide quota rather than 3rd preference
quota for China. They also talked about issues related to Service
Center's work.

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6. IFCSS News Release No.5012: Clarification on INS Receipts ............ 20
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From: IFCSS HQ <[email-masked]> Date: Thu, 15 Jul 1993 13:46:40

                 Clarification on CSPA Receipts

     According to the latest information from INS, service centers
are sending out two types of receipts. One type requests the
receipient to go to local INS office while the other type does not.
Some people are not requested to go because INS has already
verified their identity through their work permits or pre-existing
files. In general, those who are requested to go do not have and
"A" number. However, to go or not to go does not change your
priority date, so please do not worry.
     Both types of receipts mean INS has received your application.
It does not mean your application has been approved. A mistake was
made in our previous communication with INS HQ concerning the two
types of receipts. You will still receive a notice of final
approval.

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