Deportation of Nicaraguans in Florida Halted

WASHINGTON —  The chief Immigration and Naturalization Service official in Florida has decided to defer deporting Nicaraguans who are in the United States illegally because he fears they may be mistreated by the Sandinista government, officials said Thursday.

The policy applies only to Florida, and officials in Washington said the decision is not likely to be adopted by other INS regions. Florida and California are the two leading states in illegal Nicaraguan immigrant population.

Perry A. Rivkind, district director in Florida, decided several days ago not to deport up to 17 Nicaraguans who had been ordered sent home and to release those who posted a $1,500 bond pending scheduled future appearances before the INS. An INS spokesman said that Rivkind acted in accordance with discretion given to the country’s 34 district directors and that there is no thought of revoking his authority.

Refugee Status

One INS headquarters official, who spoke on condition that he not be identified, said that district directors have the power to defer deportation of illegal aliens who claim refugee status. To achieve refugee status in the United States, the aliens must still prove that they would be subject to political persecution in their homeland.

“I believe Perry Rivkind is doing this on a case-by-case basis and not as a blanket decision,” the official said. “I also think he’s got himself a little far out front on this.”

In the southwestern INS region, which covers California, Arizona, Nevada and Hawaii, Joe Flanders, an assistant to the regional INS director, said that the Miami policy would not be adopted there. “We are going to continue as usual,” Flanders said.

The INS has estimated that a total of 45,000 to 50,000 Nicaraguans are illegally in the United States, said Duke Austin, an INS spokesman in Washington.

Unusual Situation

Austin said it is common to defer deportation in cases of hardship, such as sickness. But Austin said he knows of no other situation in “recent history” in which a deferral was made for an entire nationality.

The Florida district decision was backed by Miami legislators and by the politically powerful Cuban-American community there. Rep. Larry Smith, a Miami Democrat, said Rivkind’s decision recognizes the difficulty of enforcing the present law, which requires documentary proof of persecution.

“With a war on, it’s a little hard for people to go back home and collect affidavits,” Smith said. “I think the Administration recognizes this.”