Speech #1030069283

Mr. President. I am pleased to join my colleagues in introducing a bipartisan bill to improve the admissions process at our airports and other ports of entry. to strengthen criminal sanctions for alien smuggling and related criminal activities. and to enhance the investigatory authority of the Immigration and Naturalization Service [INS]. The basic law which sets forth conditions under which aliens may enter the United States is the Immigration and Nationality Act of 1952 [INA]. as amended. The Refugee Act of 1980 defines a refugee as "a person who is unwilling or unable to return to his country of nationality or habitual residence because of persecution or a wellfounded fear of persecution on account of race. religion. nationality. membership in particular social group. or political opinion." Asylees are aliens who meet the definition of "refugee" and who are physically present in the United States or at a land border or port of entry. The United States is also a signatory to international agreements on refugees that forbid the forced repatriation of individuals who fear persecution. While the number of aliens seeking asylum in the United States has increased dramatically in the past decade. only about onehalf of one percent of the estimated 18 million refugees and asylees who have fled their homelands throughout the world sought asylum in the United States in 1992. The growing abuse of this countrys asylum laws disturbs me greatly. There is no question that we must do something to deter unscrupulous persons who enter this country illegally and file frivolous asylum claims. At the same time. we must be sure that we do not penalize legitimate asylees at the expense of those who abuse our system. Our immigration laws and policies must work together to deter illegal immigrants while protecting those who flee violence and persecution. I believe the legislation we are introducing today fairly addresses some of the problems in our overburdened. inefficient and multilayered asylum process. This bill provides for the expedited exclusion of those persons who arrive at our ports of entry. or are intercepted on the high seas or in United States waters. either with no documentation or fraudulent. forged or stolen documents. If an alien wishes to apply for asylum. an immigration officer will refer the matter to a trained asylum officer who has extensive professional knowledge in country conditions. asylum law and interview techniques. The asylum officer must also have worked in a position of adjudicating asylum claims or equivalent experience for at least 1 year and will be supervised by an officer who also meets these conditions. The specially trained asylum officer will interview the alien to determine whether he or she has the requisite credible fear of persecution. The defendant will be allowed to have a translator and counsel at the interview. If the aliens claim is denied. the case can be appealed to the Department of Justice for prompt review by another specially trained asylum officer. If the alien is once again found to be ineligible for asylum. he or she may be specially excluded and removed from this country without further inquiry or appeal. There will be no Judicial review except for a habeas corpus inquiry limited to the examination of whether the applicant is an alien and has been ordered specially excluded. This bill addresses the problem of illegal immigration most prevalent at our international airports. In fiscal year 1991. the INS reported that 32.598 aliens arrived at our 10 major airports with fraudulent documents or no documents at all. In fiscal year 1992. 14.688 aliens arrived at JFK Airport in New York with improper documentation. of whom 9.180 claimed asylum. While the average asylum case is now processed in 6 months. approximately 281.000 cases remained undecided as of March 31. 1993. Currently. upon arrival. an unscrupulous alien. with improper or no documentation. claims asylum knowing that he or she will probably not be detained due to overcrowded detention centers. The alien is given instructions to return for an asylum hearing several months later. He or she is then released. is given a work permit. but rarely shows up for the scheduled hearing before an immigration judge. The case of Mir Amal Kanzi. who allegedly murdered two employees outside CIA headquarters in January of this year. exemplifies the inadequacies of our asylum system. When Mr.