Speech #850213219

The Chinese Nationalist Government wants Hsuan Wei returned. The Commissioner apparently finds. therefore. that he has no alternative except to send him back. In taking this position the Commissioner disregards completely the purpose of section 243 (h) of the immigration law which requires him to determine whether the applicantHsuan Wei in this casewill be persecuted upon his return to his homeland. Any refugee in this country who applies for sanctuary because he would be subject to physical persecution from any country activates that provision of the law and requires the Commissioner. as the Attorney Generals factfinding agent. to decide whether the possibility of physical persecution actually exists. If the threat of such persecution does exist. he must decide whether the applicant may stay in our country. Mr. Speaker. the Commissioner of Immigration is a general himself. Therefore. he may be impressed by the fact that Hsuan is a military person. to whom he would concede no right to asylum because no reason exists in the military not to obey the order of superior authority. Failure or refusal to obey such an orderin this case to return to his homelandmay be classified as desertion.