Speech #980214263

I rise in support of the pending amendment. Having been involved with my colleague from New York in a recent case in which two young asylees were detained for months on end. with no relief in sight. while all procedures were being adjudicated. this amendment addresses a point in which the fault is with the Government. and not the asylee. The language in H.R. 1510 requires that an individual be released from detention if the INS has not begun a hearing within 45 days of the asylum request. and has not rendered a decision within 30 days after the hearing is completed. However. the bill does not contain release provisions for those cases which may continue on through the appeals process. The amendment before us requires a detainee to be released if there is a determination that the individual is not likely to abscond. and if a decision has not been rendered within 60 days of the date that the notice of appeal has been filed with the Board of Immigration Appeals or within 30 days after a petition for review has been filed with the court. The amendment puts a limit. heretofore unaddressed in H.R. 1510. of 5 months on the amount of time that the INA can hold refugees seeking asylum if the adjudication process is bogged down and not due to any fault of the refugee. By placing this time limit on the holding of asylees. we can ensure that asylum cases are adjudicated swiftly and in accordance with the law. as well as allowing those asylees who are in no way threats to their communities. to live in this country in the same manner as those who have not been detained. This situation would exist from that 5 -month time limit until a decision has been rendered in each case. Mr.