The House on Tuesday killed a move to establish procedures to review the continued detention of Cubans who entered the United States during the 1980 Mariel boatlift. Under legislation defeated by a 271-144 vote, Mariel aliens denied parole would have been given the right to a hearing before an administrative law judge. The hearing would have been required within 90 days after the end of a Justice Department review, or within 90 days of the alien's detention by the Immigration and Naturalization Service. The legislation provided that to continue detention, the department would have to prove that the detainee would pose a threat to the community or would violate reasonable conditions of release. Aliens released under the legislation would only have been sent to a halfway house or to a suitable sponsor. Mariel Cubans not released under the procedures would have had annual reviews, to determine whether circumstances justified reopening hearings. More than 125,000 Cubans came to the United States between April and October 1980, when Cuba opened its port of Mariel for citizens wishing to leave. The group included many people with criminal records and mental illness. Last year, Cuban detainees rioted at the Oakdale correctional facility in Louisiana and the federal prison in Atlanta after the United States and Cuba agreed to resume a migration agreement. At the time, there were 2,500 Cubans waiting for repatriation. In the wake of the riots, a new Justice Department review program was started for detainees designated for repatriation, and those denied parole by the INS.
