I rise to add some clarifying legislative history to this conference report on the foreign operations appropriations bill for fiscal year 1990. In particular. I wish to discuss the Lautenbcrg amendment. which establishes categories of refugee applicants. First. the Lautenberg amendment. as modified by the conference committee. allows certain refugee groups to qualify for refugee status by asserting a fear of presecution and then asserting a credible basis for concern about the possibility of such persecution. I wish to clarify that the initial fear is a subjective matter. but the credible basis for concern is an objective matter to be established by the refugee applicant. This is consistent with the normal approach under the Refugee Act of 1980. In no way does this language create a presumption that the applicant is a refugee: the burden remains on the refugee applicant. Second. thc Joint explanatory statement of the committee of conference notes: Once a credible basis for concern about the possibility of persecution has been established. the burden of disproving eligibility for refugee status will fall upon the government. Mr. President. that language was not cleared by the minority member of the Senate Immigration Subcommittee. nor would it have been. had I been alerted to it before the conference was completed and the conference report signed. This language is nonbinding. I strongly disagree with it. and I encourage the executive branch to disregard it. if they feel in any way it would adversely affect their ability to properly administer our refugee laws.
Keywords matched
Immigration Refugee refugee