Speech #1010044721

Finally. a brief reminder of the current steps that Soviet Jews take in leaving the Soviet Union as evidence that H.R. 2022 is unnecessary. First. a Soviet Jew or Pentacostal goes to the Israeli consulate. There visas are issued. usually to Israel. Most then go to Rome where they have the unique privilege of being allowed to change their destination between the United States and Israel. At this point. more than 90 percent do opt to change their destination to the United States. in spite of the fact that they have a visa to Israel. they have cultural and religious ties in Israel. many have family in Israel. and the Israeli Government is strongly desirous of having these Soviet Jews as citizens. This unique choice is a very great advantage to Soviet Jews. If they were treated as other refugees. they would first go to Israel and then apply to come to the United States. Then. as would any other refugee. they would wait for admission. So current law is not only fair to Soviet Jews but it is also highly favorable and geneous. Soviet Jews are the only group that have the choice of going to the United States even after another option exists. The current backlog in applicants could be resolved in a humanitarian manner that is consistent with the treatment of refugees worldwide simply by requiring Soviet Jews to go on to their original destination. Israel. Put another way. a substantial portion of the backlog that this bill attempts to address results from preferential treatment already being given to Soviet Jews. H.R. 2022 attempts to do more than simply speed processing of applications. It would guarantee automatically the presumption of refugee status. With that would come favorable treatment including the payment of travel expenses to the United States. the right to apply for citizenship. and relocation and adjustment expenses. averaging $7.000 per refugee. That is codifying new and highly preferential treatment for particular groups. There is no overriding necessity to consider doing this. Since enactment of the 1980 Refugee Act. no legislation has been passed by Congress that would create a presumption of refugee status for any particular group seeking admission to the United States. Proponents of H.R. 2022 argue that grants of extended voluntary departure [EVD] or parole status for Cubans. Poles. and Afghans that were later adjusted to permanent resident status are similar to legislative grants of presumption of refugee status. That is not true. All such grants were originally issued by the administration and. in some cases. Congress later acted to adjust them to permanent residency. H.R. 2022 would establish a dangerous and wholly unjustifiable precedent to our refugee policy. The Refugee Act of 1980 is the legal basis for U.S. refugee admissions. The act adopts the definition of "refugee" contained in the U.N. Convention and protocol. To support the worldwide structure for meeting the needs of refugees. the United States works with the U.N. High Commission on Refugees and other international organizations. An applicant for refugee admission must meet the definition of a refugee contained in the Immigration and Nationality Act. that of having a wellfounded fear of persecution. Proponents of H.R. 2022 contend Soviet Jews. Pentecostals. and Indochinese should not have to meet this test. The normal refugee applicant also must be among those determined to be of special humanitarian concern to the United States. And the applicant must be otherwise admissible to the United States and not firmly resettled in another country. Meeting these tests. an applicant is eligible to be considered for admission under a worldwide priority system established in consultation with the Congress. Adherence to this refugee process is essential to consistent. evenhanded treatment of all international refugees. By creating a presumption outside of those priorities. H.R. 2022 violates this carefully balanced program.