Speech #970042758

I rise in opposition to the proposed amendment. This provision. if adopted. would undercut one of the most fundamental principles of our democractic systemthat all persons. and especially those without economic or political power. are entitled to access to our judicial and administrative systems to seek the protection of our laws. It is difficult to imagine a class of persons in this society more powerless than impoverished aliens. whether documented or undocumented. Aliens historically have been the victims of the harshest of discriminatory practicesthe Chinese exclusion laws. the notorious Palmer raids. and the recent systematic violations of due process against Haitian and Salvadoran asylum applicants. Moreover. many are persons of color and are therefore doubly subjected to the prejudices and antagonisms that pervade many American communities. The integrity of our legal system. our international reputation. and indeed the very stability of many communities cannot tolerate either the reality or the perception that some members of society are inferior to others. and therefore. not deserving of full and equal protection against unlawful. unjust. and abusive practices. The loss of Legal Services representation in immigration proceedings could create an administrative nightmare. Immigration judges and the Justice Department agree that representation of aliens by Legal Services attorneys aids in assuring the fairness of immigration proceedings and assists in the efficient functioning of the administrative process. Both the Justice Department and the Commissioner of INS recognize that because of the complexity of our immigration laws it would be extremely difficult for Legal Services personnel to determine a clients immigration status as the proposed amendment would require. The Justice Department has stated that "determinations of status can only be made by immigration officers in the course of appropriate proceedings." To impose this function on Legal Services attorneys could lead to improper denials of service as well as being a costly administrative burden. Let me remind my colleagues that in the case of Salvadoran and Haitian asylum applicants. Legal Services attorneys are often the only attorneys allowed access to those persons wishing to claim asylum. If this amendment is adopted. as signatories to the U.N. protocol relating to refugees. the United States runs the risk of violating international treaty obligations if indigent persons. wishing to claim asylum. are denied due process of law in seeking to adjudicate their asylum claims. The effective exclusion of an entire class of persons from our legal system can only breed disrespect for our laws and encourage illegal conduct. Because of their isolation and vulnerability to exploitation. aliens are more susceptible to unlawful employment practices. to refusals to comply with health and building codes. to negligent or inadequate medical care.