Speech #1030093396

Mr. Speaker. groups such as the American Immigration Lawyers Association. the American Council for Nationalities Service. the Lutheran Immigration and Refugee Service. and the U.S. Catholic Conference have raised serious concerns with previous legislation introduced to reform the political asylum process put forth by the administration and others. The legislation Congressman NAOLER and I are introducing represents a separate tough but fair approach to reforming our political asylum laws. Unfortunately. the media coverage and public discourse on the issue of political asylum during the past several months has unfairly portrayed all asylum seekers as potential terrorists and underthetable laborers. One might also think that our airports and beaches were being invaded. This is simply not the case. Political asylum seekers come to the United States because they fear for their life In their home country. Furthermore. the vast majority of people who apply for asylum do it affirmatively. that Is. they seek asylum not because they have been stopped at the airport or on our beaches. rather they walk uncompelled into an INS office and request asylum. Congressman NADLER and I share the goal of preserving the fairness and the humantarlan nature of protecting people from persecution while streamlining and preventing abuse of our system. Our legislation Increaqses the penalties for smuggling people into the United States and penalizes people who knowingly help others file fraudulent asylum cases. The standard of proof adopted by the administrations expedited exclusion bill would result in a process that returns people to countries of persecution if they cannot show a credible fear of persecution. a very high standard for an abbreviated review process. Our legislation proposes the standard promulgated by the United Nations High Commissioner for Refugeesa standard that the United States helped to develop--of returning people who have frivolous claims. When a grievants rights are severely curtailed and their time to prepare a case is drastically condensed. basic principles of fairness demand a reasonable standard of proof. As for any right of appeal. the administration suggests a review by a second asylum officer of the Initial asylum officers decision. Finally. the administration proposes an empty habeas corpus process that asks only whether the person is an alien and whether the person was ordered excludedjudicial review which guarantees no review. In addition. the administration takes away the Federal courts authority by eliminating class action lawsuits. Our legislation proposes reviewing the decision of the asylum officer by an administrative law judge and allows for true habeas corpus appeal. Overall. the legislation we are introducing today provides for a quick and reliable weeding out of those cases that are unfoundedthe drug dealer. the smuggler of human cargo. the terrorist. Those who have no claim will be deported quickly. We provide for a review of the decision of the asylum officer by an asylum immigration judge. and we allow for the nonfrivolous cases to be heard on the merits by a judge. Providing asylum to people fleeing persecution is one of the cornerstones of our democracy and system of justice. We need only remember the many pilgrims who fled Europe because of religious persecution. Changing our asylum system must not result in returning people to rape. torture. imprisonmont. or death. Congressman NADLER and I are committed to the reform of our asylum laws without endangering the bona fide asylum seeker. The alternative we present here today preserves judicial review and fairness. and ultimately will save the lives of legitimate asylum seekers.