Speech #1000080289

Mr. Chairman. I rise today to urge the strong support of my colleagues for H.R. 618 which would direct the General Accounting Office to investigate and report on conditions of displaced Nicaraguan and Salvadoran refugees. This legislation would effectively provide temporary protection to Nicaraguan and Salvadoran refugees by making them eligible for extended voluntary departure [EVD1 status. As a cosponsor of this measure. I salute the outstanding leadership Representative MOAKLEY has demonstrated on this legislation and urge all Members of the House to support H.R. 618. This legislation is needed to combat the continued failure by the administration to operate a bicameral framework for formulating foreign policy and refugee policy. For too long and after too many senseofCongress resolutions. the Congress has been frustrated in its ability to effect foreign policy through customary means. A more humanitarian approach is warranted to deal with Nicaraguan and Salvadoran refugees than the administrations continued approach to Central American refugees that they primarily come to our country for economic reasons and that special protection is not merited by conditions in their respective native countries. It was not until the 8th of this month that finally the administration announced a purportedly new policy with respect to Nicaraguans. In reality. the Attorney Generals announcement of that day was simply a restatement of the provisions of law which the Department of Justice is required to implement according to the Immigration and Nationality Act. Absolutely nothing new was offered Nicaraguan refugees except that the Justice Department would accord the refugees the benefits of the law of which they are already entitled by law. No word was mentioned of the Salvadoran refugees. We must not be silent when the administration plays politics with the lives of those driven from their homes by utilizing deportation to signal approval or disapproval of the two respective regimes. So far this year. the Immigration and Naturalization Service has granted approximately 88 percent of the requests for asylum by Nicaraguans but has granted only 3 percent of such requests by Salvadorans. Why is passage of H.R. 618 in the best interests of our Nation? Beginning in 1979. civil war and internal strife escalated in El Salvador and over 50.000 civilians have been killed since that time. 25 percent of the population has been internally displaced and tens of thousands of Salvadorans have fled to neighboring countries in the region including the United States. The latest Census Bureau Report of 1980 estimated 94.000 Salvadorans residing legally and illegally in our Nation. Due to the armed conflict between government troops and opposition forces in 1980. the best estimate that the Salvadoran population in the United States has risen to between 300.000 and 500.000. The State Department. in a 1986 report on El Salvador. noted the "internal conflict and the resulting state of emergency * * * and indiscriminate use of land mines. machinegunning and burning of vehicles * * * resulting in the displacement of nearly 400.000 Salvadorans from their homes." Many of these native Salvadorans have entered this country without the proper immigration documents and are subject to deportation upon apprehension. The refugee then may choose to voluntarily return to their native country or after proceedings before an immigration judge to determine deportability. may be forcibly returned by the U.S. Government and be detained unless they post a substantial bond. It is clear that deportation to a nation torn by civil war could jeopardize the safety of their personal safety. The situation in Nicaragua is equally disturbing. Those who have left Nicaragua have done so. for the most part. without permission and refugees returning face civil unrest and violence. Estimates with respect to Nicaraguan population in the United States ranges between 100.000 and 200.000. The Sandinista government has increased repression through political activities and widespread censorship. Deputy Assistant Secretary of State Holwill earlier this year called the conditions in Nicaragua a "deteriorating situation * * * with the suspension of fundamental civil rights." Previous recommendations by Members of Congress who have urged the administration to recommend EVD status for Nicaraguans and Salvadorans have fallen on deaf ears. The more telling facts lie on the statistics as to why H.R. 618 should be supported by my colleagues on both sides of the aisle. The Refugee Act of 1980 has proven to be a particularly ineffective remedy for Central Americans. According to a January 1987 report by the GAO of approval rates for asylum applicants from select countries with high application rates indicates that 64 percent of persons from Iran received political asylum but only 7 percent of Nicaraguans received similar asylum. This statistic alone clearly indicates that the quasijudicial determination has actually operated in a highly political and discriminatory manner. It is important to note that the EVD proposed in this legislation has been imposed on numerous occasions since 1961 where the United States has responded according to traditional humanitarian principles by granting temporary relief from deportation to countries characterized by our State Department as experiencing "widespread fighting. destruction and breakdown of public service and order." This discretionary relief has taken the form of a grant of extended voluntary departure to such countries as Poland. Nicaragua. Dominican Republic.