Speech #970225648

I cannot answer specifically concerning the case to which the Senator refers. but let me say generally that the issue of whether aliens have been denied asylum and unlawfully detained or otherwise subjected to significant restraints on liberty in violation of their constitutional right to due process may be considered by a Federal court in habeas corpus proceedings guaranteed under the Constitution. Due process for an alien applying for asylum will include the individual adjudication of his claim through fundamentally fair procedures. procedures which could be relied on for an objective determination. on the merits. of whether or not the individual applicant satisfies the statutory definition of "refugee" in INA section 101(a)(42) and whether or not his "life or freedom" would be threatened "on account of race. religion. nationality. membership in a particular social group. or political opinion" if he were to be returned to his home countryor another country to which he might be deportedas provided in INA section 243(h). An example of such a due process violation would be a pattern or practice of denying asylum applications of aliens from a particular country because of their national origin rather than on the basis of the merits of their individual claims. If all applicants from Haiti were denied asylum solely because they came from Haiti. or even because of the fact that in the past most applicants from Haiti had been determined not to qualify. then procedural due process would not have been provided and judicial review through habeas corpus would be available. Mr.