INS Will Allow Leftist Author to Remain in ’88

The Immigration and Naturalization Service has announced that it will not attempt this year to expel Margaret Randall, an American-born leftist writer who renounced her citizenship 20 years ago.

The service issued a statement to that effect Thursday as Randall’s attorney, David Cole, urged the U.S. Circuit Court of Appeals to overturn an INS district director’s 1985 refusal to give Randall permanent residency status on the ground that her writings espoused communism.

Cole argued that the decision was unconstitutional and that, therefore, Randall’s period of permanent residency should be declared to have begun in October, 1985. This would allow her to apply for citizenship this October if she is granted permanent residence.

Writings Back Communism

In the 1985 ruling, the INS district director decided that Randall, a professor at Trinity College in Hartford, Conn., was ineligible for permanent residence because she advocated world communism in her writings. An administrative law judge upheld the ruling last October and Randall appealed to the Board of Immigration appeals.

Assistant U.S. Atty. Michael Martinez told the court that it was likely that the Board of Immigration Appeals would give Randall permanent residency status. He argued that an appeals court ruling on the 1985 decision was not needed because the immigration board could grant her permanent residence retroactive to October, 1985.

A section in the Foreign Relations Authorization Act, recently passed by Congress, prohibits the government in 1988 from excluding or deporting people for their beliefs, statements they have made or whom they associate with.

Statement From INS

The INS said in a written statement:

“Congress has now seen fit to suspend various provisions of the immigration laws for a year and, since a final administrative decision has not been reached by the board, we are not going to oppose the application of the new law in the Margaret Randall case.”

The change in the law occurred while Randall was appealing the administrative law judge’s decision.

Randall’s lawyers attempted to have the U.S. District Court intervene, but that court declared the case moot because administrative remedies were still open to her.