Speech #1010111178

This compromise is eminently sensible in that it respects the Senates desire for a termination date for applying for waivers and it respects the Houses desire to make that waiver available even if the applicant is not qualified for a different status at the time the waiver is sought. Other aspects of the bill were passed in each body in identical form and therefore were not conferenceable. Among these are provisions that. first. name the protected class as all Chinese nationals in the United States on date of enactment who would otherwise be subject to the home residence rule. second. provide work authorization for not only exchange students but also nonexchange students during the period of time their departure has been deferred. third. declare that time spent in deferred enforce departure shall be considered time spent in a lawful immigration status. and fourth. require the Attorney General to suspend the initiation of deportation proceedings against Chinese nationals who are eligible for deferred enforce departure. As my colleagues know. the sticking point regarding this bill has been the Senates language regarding the asylum and refugeeatatus rights of Chinese nationals who fear persecution because of their refusal to abort a pregnancy or undergo sterilization. I believe that this conference report not only removes the ambiguities and technical defects of the Senates provision. but more importantly provides greater protection to Chinese who have faced the prospect of forced abortion or sterilization. Specifically. the conference report. first. applies the new rules not only to asylum and refugee claims. but also withholding of deportation claims. second. requires that the Attorney General establish regulations within 60 days of enactment. third. applies to applications filed on. before. or after enactment. fourth. provides that an applicant shall have been deemed to have established a wellfounded fear of political persecution if the applicant shows that the applicant or his/her spouse refused to abort or be sterilized and evidence exists that the person would be persecuted in China because of that. fifth. deletes the 1.000peryear cap. sixth. deletes the language that would have made the Individuals motive in getting pregnant an issue in these kinds of cases. seventh. deletes the requirement that the person know at time of refusal to abort that such act is dangerous. and eighth. deletes the provision that applies grounds of exclusion to those applicants that do not apply to all others who seek refuge. Mr. Speaker. this conference report is fully worthy of everyones support.