Speech #960244244

It is clear. as articulated by John McCarthy of the U.S. Catholic Conference. that the "status auestion" is at the heart of this controversy. Without refugee status. there is no guarantee of resettlement assistance or full Federal reimbursement to States and localities. Our CXXVI-----834--Part 10 refugee policy is an outgrowth of our foreign policy. therefore. resettlement costs and fiscal assistance should not be thrust upon the States and localities. it is a Federal responsibility. For example. the additional $100 million that was allocated to HHS in the fiscal year 1980 budget cannot be spent to assist with resettlement efforts unless the Cubans receive refugee status. By failing to act decisively to first control the flow of Cuban refugees and later to grant refugee status. the administration has created a serious crisis that will have farreaching implications beyond the next few months. The Cuban leadership in Miami and voluntary agencies are now being asked to assist in resettlement efforts under the excessive constraints that I have just discussed. I realize that many of my colleagues feel very uncertain about what our role should be as Members of Congress. Despite our concerns about additional refugees in this country. I believe that the only solution that will equitably resolve the present crisis is for the President to ask for additional refugee numbers under the emergency provisions of the Refugee Act of 1980. I reject the idea that some special status other than refugee status should be created for Cuban or Haitian refugees. for that matter. Creating new legislation that would grant either some "interim status" between asylum and refugee status or "humanitarian parole" would not trigger the kind of Federal resettlement assistance that is necessary to insure that States and localities are not overburdened. This country also has legal and moral. including treaty. obligations not to return persons who have a "wellfounded fear of persecution" and therefore satisfy the definition of a refugee. We are not obligated to allow persons who are not political refugees to remain in this country. Therefore it would appear to be in the national interest for us to be honest about the wellfounded fears of political persecution of Haitians and Cubans and grant them refugee status. Such a determination would allow us to distinguish these refugees from other persons seeking entry into the United States on considerations other than a wellfounded fear of persecution. Further. legislation which would create "blanket asylum" attacks the historic and rightful role of asylum proceedings as Pn individualized process. Finally. this Congress recently enacted a refugee law which provides adequate mechanisms for dealing with the Cuban crisis without the difficulties of special legislation. Unfortunately. the plight of the majority of Haitians is not as easily resolved. Because of the Presidents refusal to grant refugee status to Haitians prior to the expiration of the Attorney Generals parole authority for groups of refugees on May 15. the decision regarding their status has now been left to Congress. My colleague. from the District of Columbia. presented an excellent account of the administrations uneven and discriminatory treatment of Haitian refugees at a recent hearing before the Senate Judiciary Committee. I now submit his remarks for the RECORD. I am hopeful that Congress will act expeditiously to resolve the status of both Cuban and Haitian refugees. I am convinced that without refugee status States and localities will continue to be overburdened and these groups of refugees will be unable to make a successful adjustment and become contributing members of this society.