Speech #1010049499

During the 100th Congress. Just a little over a year ago. we passed a resolution that stated that "Despite decades of severe persecution. Ukrainian Orthodox and Ukrainian Catholic believers to this day continue to practice their faiths clandestinely for fear of persecution by Soviet authorities." Similarly. there are strong reasons why ODP Vietnamese who. by definition have close ties to the United States. are entitled to satisfy a lower standard of proof to qualify as refugees. First. before the change in standards. Vietnamese in the ODP Program had been granted refugee status at a rate of about 90 percent because of the historic persecution of those with close ties to the United States. Second. the circumstances under which the Vietnamese must meet the new refugee standards are not conducive to candorall Vietnamese refugee applicants must be interviewed in Vietnamesecontrolled facilities using Governmentprovided interpreters. It is not difficult to see why Vietnamese would be reluctant or afraid to openly discuss Government persecution in such circumstances. making it difficult for him or her to meet the new. more rigorous standards. Third. because of the historically high refugee acceptance rate of ODP Vietnamese. and because all holders of letters of introduction in the ODP Program were initially invited to apply for such status by the United States. these ODP Vietnamese have a legitimate expectation that the United States would give them the favorable consideration they had given to such applicants in the past. Further. in order to be called for a refugee interview by the United States Government. ODP Vietnamese must obtain an exit visa from the Vietnamese Government. often requiring them 29059 G9026 (Pt. 11) to pay extensive bribes. or resulting in the loss of Jobs and housing. Thus. since registering with the ODP Program. they have thrown their lot in with the United States by asking to come here. and have taken great risks and given up much just to be considered for possible refugee status in the United States. Finally. if rejected as refugees and forced to stay in Vietnam. or leave by the laborious and delayed process of humanitarian parole. they are likely to suffer adverse consequences for their attempt to leave for the United States. Many will likely take to unseaworthy boats departing clandestinely. risking the open sea. the threats of pirates. and the likelihood of being pushed back to sea. should they find land. What accounts for the sudden increase in rejections in groups tht historically have been accepted without question as refugees? It depends on who you ask. The INS contends that the increase in denials is merely the result of making Soviet and Vietnamese refugee applicants meet the refugee standards other refugee applicants have always had to meet. However. GAO tells a different story. Last February. GAO visited Rome. Vienna. and Moscow to review the process by which INS officers were Interviewing potential Soviet refugees. GAO found that who was found to be a refugee depended not on the merits of the applicants case. but on the INS officers level of knowledge of conditions in the Soviet Union. how long the interview was. and whether the INS officer asked openened or specific questions. GAOs conclusions were reinforced by the fact that 50 percent of those whose applications were initially denied were granted refugee status after an appeal. I ask unanimous consent that a copy of GAOs testimony before the House Subcommittee on Immigration. Refugees. and International Law. and its briefing notes be included In the RECORD. Similary. World Relief of the National Association of Evangelicals in January sent a sevenmember legal task force to Rome after 170 Soviet Pentecostalsthe first everwere denied refugee status. The task force found that virtually all the denials were the result of the INSs misapplication of the refugee standard as well as major inconsistencies in the adjudication process. I ask unanimous consent that a copy of their report be included in the REcoRD following my remarks. Given the GAOs conclusions that these denials result not from the merits of the prospective refugees case but the experience of the INS officer. I believe it is only fair to lessen the standard of proof applicant from these groups must meet to qualify for admission to this country as refugees. Mr. President.