Speech #1000072561

Mr. Speaker. today. I. along with the distinguished gentleman from New York and the distinguished gentleman from Georgia . am introducing legislation designed to fill a major gap in current immigration law. This gap exists because between fullfledged refugee status and the status of being an undocumented alien there liesnothing. Under existing law an alien abroad who can demonstrate a wellfounded fear of persecution on account of race. religion. nationality. membership in a particular social group. or political opinion can be admitted to the United States as a refugee. which in effect means as a lawful permanent resident alien. with full rights to become a U.S citizen after a few years. Similarly. an alien already in the United States who can demonstrate that same type of wellfounded fear can be granted asylum. Again. this puts the individual on the road to United States citizenship. But the "well founded fear of persecution" test is not. and was never intended to be. a standard readily met. Under our refugees laws. an individual must show a personalized fear-. as is a fear that he or she has been. or may be. singled out for harsh treatment on the basis of the prescribed grounds. Moreover. the concept of persecution entails the notion that the persecutor is acting knowingly and intentionally against an individual. There is no such thing as negligent or unintended persecution. This is not to imply that there is anything wrong with the 1980 Refugee Act. the basis for our refugee and asylum laws. Under that act. hundreds of thousands of individuals fleeing persecution have been admitted to the United States. and this year we will admit approximately 70.000 more. The Refugee Act. which has served our Nation and the world well. is entirely consistent with our international obligations under the 1951 Convention Relating to the Status of Refugees and the 1968 Protocol. Clearly. the fact that an individual is not. and will not. be persecuted provides no guaranty that he or she will be allowed to lead a life of peace and prosperity. If there is random violence or civil warfare in a country it is of little consolation to an individual struck by a stray bullet that the person who pulled the trigger was not really aiming at him.