Speech #1040249512

It is the continuation of what was known originally as the Lautenberg amendment. a very wellfounded amendment in 1989. I commended my friend then. and I have always enJoyed working with Senator LAUTENBERG. It is now a provision which has distorted. in these times in 1996. has distorted our refugee system and permitted the entry of frauds and criminals into the United States. This provision is an abuse in its present form. an abuse of the refugee act. I hope my colleagues will join me in sweeping away this cold war provision. this relic. In restoring credibility to U.S. refugee admissions. Let me review It with you very briefly. Under the Refugee Act of 1980--I know this amendment will probably get trashed by a vote of 8020. but it will be in the RECORDwe know that we cannot continue to make presumptive status of "refugeeness" when we should be doing it on a casebyrcase basis. That is what the law provided. the 1980 law. You have a situation today where if you are presumed to be a refugee. you are taking a precious number from someone who Is a real refugee. someone fleeing persecution based upon race. religion. or national origin. Under the Refugee Act of 1980 and under the U.N. Convention and Protocol. a "refugee" is someone with a wellfounded fear of persecution on account of race. religion. nationality. membership in a particular social group or political opinion. This is the international definition. and the U.S. adopted It in 1980 under the able leadership of Senator TED KENNEDY. Determination of whether an Individual is a refugee Is to be made on a casebycase basis. It is the law. Under the socalled Lautenberg amendment. with the best of intentions and the sincerest of motives. persons in the former Soviet Union qualify as a refugee just by being a member of a particular group. For Jews and Evangelical Christians in the former Soviet Union. and others. Ukrainian. Orthodox. a refugee applicant need only "assert" the fear of persecution and "assert a credible basis for concern about the "possibility" of such persecution. Mr. President. 50.000 Americans receive refugee status under this standard each year. and the total number of refugees as set by the United States is 92.000. In other words. admission to the United States as a refugee. and all of the protection and the financial assistance which accompanies such a status. is made on the basis of two assertions that do not in themselves involve any test of credibility at all. Every other refugee applicant Is required to establish his or her identity for eligibility to establish that. Those who benefit from this special treatment need only to assert their eligibility. About 80 percent of these special refugee admissions go to Jewish applicants. with the balance to Evangelicals. Not surprisingly. there has been a wave of dubious conversions reported in the latter group. Evangelicals especially. among Pentecostals.