Speech #1010216909

This amendment addresses the problem created by the current requirement that an asylee must prove that he or she still meets the definition of refugee in order to adjust his or her status to that of permanent resident. As Members know. the cornerstone of the definition of refugee is that the person possesses a wellfounded fear of persecution should he or she return to the homeland. The dramatic worldwide democratic movement of the past year has made the reproving of that hard.won finding an unfair burden. It is incongruous that the otherwise welcome demise of a repressive regime in an asylees home country should make it virtually impossible for the asylee to remain in the United States for failure to prove a continuing wellfounded fear of persecution. Yet. under current law. this change in circumstances in the homeland permits the INS to deny adjustment to permanent resident status. to terminate asylee status. and to initiate deportation proceedings. To make this general situation worse. the INS identified four specific emerging democracies this past JulyPoland. Hungary. Panama. and Nicaraguaand strongly suggested that District Directors should henceforth deny adjustment to asyles from those countries. As a direct result. mass denials of status adjustment have begun. Under the INS guidance. termination of asylum status will inevitably follow. The purpose of the Lipinski amendment is to bring this untoward treatment of Poles. Hungarians. Panamanians. and Nicaraguans to an end in the short run. and to approach the issue more reasonably in the long run. It does this by retaining all current requirements for adjustment to perma. nent resident status except the requirement that the asSlee continue to satisfy the definition of refugee. The Lipinski amendment also would install new procedural safeguards against summary termination of asylee status. Otherwise. summary termrination would be available to the immigration authorities as a mechanism to shortcircuit an asylees attempt to adjust to permanent resident status under the new rules. In offering this amendment. Mr.