Speech #1040269293

I am willing to consider changes to them. The credible fear standard applied at the screening stage would be whether. taking into account the aliens credibility. there is a significant possibility that the alien would be eligible for asylum. The Senate bill had provided for a determination of whether the asylum claim was "manifestly unfounded." while the House bill applied a "significant possibility" standard coupled with an inquiry into whether there was a substantial likelihood that the aliens statements were true. The conference report struck a compromise by rejecting the higher standard of credibility included in the House bill. The standard adopted in the conference report is intended to be a low screening standard for admission into the usual full asylum process. Under the conference report. screening would be done by fullytrained asylum officers supervised by officers who have not only had comparable training but have also had substantial experience adjudicating asylum applications. This should prevent the potential that was in the terrorism bill provisions for erroneous decisions by lower level immigration officials at points of entry. I feel very strongly that the appropriate. fully trained asylum officers conduct the screening in the summary exclusion process. Under the new procedures. there would be a review of adverse decisions within 7 days by a telephonic. video or inperson hearing before an immigration judge. I believe the immigration judges will provide independent review that will serve as an important though expedited check on the initial decisions of asylum officers. Finally. under the conference report. there would be judicial review of the process of implementation. which would cover the constitutionality and statutory compliance of regulations and written policy directives and procedures. It was very important to me that there be judicial review of the implementation of these provisions.