Speech #1010049529

Previously denied cases are being reviewed and overturned. Rejection rateswhich had climbed to over 35 percentare coming down. though still sit at about 20 percent. And INS officers are gaining greater familiarity with the conditions in the Soviet Union which refugee applicants have faced. But these initiatives have not been sufficient to relieve the arbitrariness of the past several months or to provide specific assurances of fairness for the future. The time for legislative action has arrived. The Senator from New Jersey has developed a responsible approach to this problem which is consistent with the principles of the Refugee Act of 1980. The Refugee Act moved us away from the blanket favoritism of one group over another in the refugee program. and brought our law into the international mainstream. And this amendment is careful to provide the procedures which Soviets and Vietnamese need. while respecting the need for equal treatment for all refugees. So I am pleased to join in cosponsorIng the amendment. This amendment also buys time for the Attorney General. It establishes a fair and efficient procedure for determining refugee status for the next year. During that time. the Attorney General will continue to improve the procedures for handling refugee applications from Soviet and Vietnamese nationals. The amendment accomplishes this by providing that profiles shall be developed for groups in which most members face persecution. These profiles would ease the standard of proof for individual applicants as well as provide a factual background for adjudicating applications. The use of profiles is not a new idea. This approach was supported by the Select Commission on Immigration and Refugee Policy in 1981 as an efficient and fair procedure for handling large numbers of refugee applications. And in 1984. a staff report prepared for the Subcommittee on Immigration and Refugee Policy noted that such profiles. if developed. would assist in Improving the consideration of refugee and asylum claims from Central Americans. I am hopeful that this amendment can become a concrete test of the group profile approach. The one year lifespan of this amendment should provide us with the experience necessary to judge whether it should be extended to other settings. Finally. Mr. President. an issue has arisen about the amendment by the Senator from New Jersey regarding the circumstancs in which discrimination or prejudice may amount to the persecution that is required as part of the refugee definition. I would simply refer my colleagues to the U.N. High Commissioner for Refugees handbook for determining refugee status. The handbook. which is used by refugee officials around the world. notes that certain instances of discrimination do amount to persecution. and I believe this should be noted in handling Soviet cases. I ask unanimous consent that the relevant portions of the handbook be printed in the RECORD. Mr.