Speech #1040199341

Speaker. I rise to call attention to section 422 of the conference report on S. 735. which provides for the summary exclusion of persons attempting to enter the United States without proper documentation. It is Important that we exclude persons who would abuse our generous immigration laws. and it is Important that the process of exclusion be a speedy one. It is also important. however. that the process be fairand particularly that it not result In sending genuine refugees back to persecution. Section 422 provides that no person shall be summarily excluded If. in the opinion of an asylum officer at the port of entry. he or she has a credible fear of persecution. Unfortunately. the definitions of asylum officer and of credible fear of persecution are not as clear as they might be. In particular. the definition of asylum officer requires professional training in asylum law. country conditions. and Interviewing techniques. but does not state how much training or what kind. I am Informed that assurances have been given from the staff members who worked on drafting the conference report that there is absolutely no Intention that officers should be put In these positions who are not genuine asylum officers. Mr. Chairman. the INS now has a professionally trained corps of asylum officers. who have had substantial training In handling asylum cases. It should be clear that when we In Congress speak of asylum officers. we mean these professionally trained officsm-.people who by training and experience think bf themselves as adjudicators rather than as enforcement officers--not some other officer who has been given a short course In asylum law and then given this extraordinary power to send people back to dangerous places. Mr. Speaker. I think it should also be clear that our asylum officers will need to be very careful in applying the credible fear standard. In a close case. they must give the benefit of the doubt to the applicant There are also some countriessuch as Cuba. China. North Korea. Iran. and Iraqin which persecution is so pervasive that any credible applicant would have a significant chance of success in the asylum process. Asylum applicants should not be returned to these totalitarian regimes without a full hearing. I hope that regulations will be promptly adopted that explicitly provide for these and other safeguards in the summary exclusion process.