Mr. President. I applaud Senators FEINGOLD and BROWNBACK for proposing an amendment to correct a seriously flawed provision that remains in the immigration bill that we are likely to pass. Under section 227(c) of the bill. Federal courts of appeals would be prohibited from granting an asylum seeker a temporary stay of deportation unless the alien could prove by clear and convincing evidence that the order of deportation is unlawful. In many cases. this is the same or an even a higher standard than an alien would be required to meet in order to win his or her case on the merits. This result has been described by one Federal court as "Kafkaesque." It is also fundamentally unfair.
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asylum seeker deportation immigration