Speech #1000080243

But now there has been an ambiguity that has arisen about what is meant by a wellfounded fear of persecution. Obviously it is very difficult for an individual to establish that. especially in the case of these people from El Salvador and Nicaragua. because the GAO has recently reported to the Rules Committee in a hearing on this matter that it is very difficult to get access. in the case of the Nicaraguans and the El Salvadorans who have returned to their countries. to the facts. it is very difficult to find out under what conditions they are having to live in their native countries. Recently. of course. the Department of Justice has had an amplifying impact by a statement on the Immigration Service stating that actuallyand I am quoting from an editorial in the Miami Herald. quoting the Department of Justice regulationNo Nicaraguan "who has a wellfounded fear of persecution will be deported in the absence of a finding by the Justice Department that the individual has either engaged in serious criminal activity or poses a danger to the national security." Now. that does not change the existing law a bit. We still have to determine what is a "wellfounded fear." And how is an individual who is in our country from either one of these countries. El Salvador or Nicaragua. to prove that he has a wellfounded fear? So the legislation that my distinguished colleague. the gentleman from Massachusetts . is presenting on behalf of himself and me here this afternoon proposes to clarify that in terms of statutory language. that it be made clear that those people who are here from El Salvador and Nicaragua are going to be permitted to stay here until conditions. as we find them in their respective countries. justify their deportation or the requirement that they be returned to their countries. And we want to clarify that by this legislative language so there is no ambiguity about it. They have a right not to be deported until conditions change. to the point where we can try to find evidence that we think is reliable that they can safely return to their respective countries. Just a little bit ago two distinguished Members of this House. the gentlewoman from Louisiana and the gentleman from New York . were down in Managua at the Interparliamentary Union Conference. They had meetings. so the gentlewoman from Louisiana told me. with the wives and the lady members of the families of men who have been in the custody of the Nicaraguan Government. and they have suspected some of them have disappeared or have been killed.