Speech #960242258

Mr. Speaker. I had not intended to speak but I heard someone raise the question about the current wave of refugees and blame the President of the United States for circumventing the law. because the President has not declared all persons entering the United States as "refugees." But the President has acted within the law even though only a small number have been declared refugees and the rest have been permitted to file applications for asylum. The fact is that under the present Refugee Act. there is no numerical limitation on political asylum and anybody who can get to these shores can apply for political asylum. This application triggers a series of administrative and judicial processes which may take years before a final determination is made. It is also true that under the Refugee Act. the President could class persons as "refugees." But he can do that at any time. although there seems to be a presumption that he should do so before arrival in the United States. But the fact still remainsthat the President could declare a numerical adjustment under the act for additional "refugees" out of the group of persons in the United States who are "applicants for asylum" and for which category there is no numerical limitation under the new law. If the President does declare "refugee" status so. States and local governments in which "refugees" are located become eligible for Federal benefits. However. under the 1980 act an "asylum" or more accurately "applicants for asylum" classification does not invoke the social program benefits of the Federal law. except for those who had applied prior to November 1. 1979. Therefore. all "applicants for asylum" after that date are not eligible for Federal benefits. This places an unfair and intolerable burden on local governments in which the asylum applicants are located. Since it takes years for a final determination on a casebycase basis where there are large numberssuch as the tens of thousands of Cubans and Haitians now in Dade County and the U.S. Federal benefits are absolutely essential immediately as well as for a period of years.