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B-189013 1 (1977-12-28)

handle is hein.gao/gaobadflx0001 and id is 1 raw text is: 







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                        / TH  QMPTMCLLUR WEWNFAAL
CECIHON .               *OP   THU UNITS         UTATEE
                          WASHINGTON. D. 1. RO54U


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U-288013


MATTER   OF:


DATE:


DEC 2 8 197


Imployment restrtetten - Bouth Vietnamese aliesa


DIGEST:


1. D)Wafreenat Admiefstratien could   employ
   gam  Vietnames  alsise lawfully admitted Into
   thited States for pemast residence during fts-
   cal yea 1171 desite rubest   againast ederal
   ampyaymsft    l al. ia Pub. L. No. 94-419o
   whbis psmitted employnmnt only at South Viet-
   aames  refuge  paroeed Into United States.
   Appreutatica act previously enacted ffr same
   fseal year permitted rmplyment of South Viet-
   nmee   altes. lawly admitted Into United States
   for permanent residence, and legialative history
   does aet Indicate swcod act was intened to repeal
   first.


             2. Under express terms a ofly ritatute now apickable.
                there is no basis for coninued employment by Drug
                Eaforeement Admilatesrtian at South Vietnamese
                alles lawfully admitted Into United States for pcv*
                maceat residence daring fiseaL year 1978, since
                rerietice against Feideral employment at aliens
                stataled in Pub. L. No. 95-81 containe exception
                permittng employmeat sly at Sou'1 Vietnamese
                refuges paiwed hito thtted States and mo addi-
                ticant esception to amplcymsnt restrietton provi -
                sleu bea been enacted. However, it Is doubtful
                that this result wa iatended. Thdrefore GAO
                nranmecds  clarifying legislation and will defer
                atio pending its conaslderation by Congress.
   This decislain to the Attorney General at the United States responds
to a letter, wit enclurwn, from Kevin D. Rooney, Acting Assistant
Attorney ¼itsral for Admialtration, requesting our viewn concerning
the eulawed employment oftHoang Ky Ly, a ncncitizen employed by
the Drug Etoreemeat Admniastration (DEA).
   The submission ladicates that Mr. Ly entered t. United States on
WErh  S@ 1978, as a student with naimmigrant status. He was law-
fully admitted for permanent residence an August 27, 1978, Mr. Ly
was first employed by' DEA as a temporary tran tlator, pursuant to

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