wfn.org | [ENS] Faith-based refugee groups oppose Sensenbrenner bill

["Matthew Davies" <mdavies@mail.epicom.org>]

Tuesday, February 8, 2005

Faith-based refugee groups oppose Sensenbrenner bill

ENS 020805-1

[ENS] A bill that would severely limit the access refugees have to
asylum in
the United States faces strong opposition from faith-based agencies that
work with threatened immigrants on a daily basis.

The REAL ID Act, proposed by Congressman James Sensenbrenner (R-WI),
would
tighten the requirements for asylum-seekers to prove they are being
persecuted in their home country while giving judges more discretion in
evaluating whether the evidence of such persecution is sufficient.

"The current asylum system works well in preventing those who would
abuse
the system or contemplate terrorist acts from gaining asylum. No
terrorist
has penetrated the system and there are in place sufficient safeguards
to
see that this does not occur," said Richard Parkins, director of
Episcopal
Migration Ministries. "To assert that a more restrictive asylum system
is a
critical part of an enhanced security system is to misinform the public
and
unfairly tie our asylum system to the issue of terrorism. Fear-based
legislation without foundation in fact should not be allowed to pass."

According to an analysis by the American Immigration Lawyers Association
[http://www.aila.org/contentViewer.aspx?bc=10,911,5516,8191 ], the
bill,
introduced by Sensenbrenner on January 26:

* Raises the standard for asylum and withholding eligibility and
requires
all applicants to prove that a "central reason" for their persecution
was
one of the enumerated grounds (race, religion, national origin,
political
opinion, or social group);
* Allows judges to require credible asylum and withholding applicants to
obtain corroborating evidence "unless the applicant does not have the
evidence or cannot obtain the evidence without leaving the country" and
effectively bars judicial reversal of determinations regarding the
availability of corroborating evidence;
* Authorizes credibility determinations to be based on demeanor or the
consistency of an applicant's written or oral statements made at any
time to
any individual and whether or not under oath;
* Bars any court from review of any discretionary judgments, decisions,
or
actions, regardless of whether made in the context of removal
proceedings;
and
* Repeals the provision enacted in the intelligence reform legislation
mandating a study of vulnerabilities in our asylum system.

Sensenbrenner attempted to attach a series of similar anti-immigrant
provisions to the Intelligence Reform legislation passed in the closing
hours of the last Congress, but his efforts failed. At that time,
members of
the Episcopal Church's Standing Commission on Anglican and International
Peace with Justice Concerns signed a letter to Congress expressing
opposition to the measures.

Of particular concern to critics of the bill, and especially the
religious
community, is the impact a more restrictive system would have on
legitimate
asylum claims based on religious persecution. "It is a matter of special
concern to many of us in the faith-based world that those seeking asylum
for
religious reasons would confront additional, unreasonable barriers to
pressing their claims," noted Parkins.

The problem relates to the much higher standard of evidence that would
be
required of asylum applicants under the proposed law. Given the
circumstances of asylum seekers, Parkins said, getting evidence beyond
what
is now required or trying to involve family members back home in
garnering
evidence is "highly problematic and, for those in detention, nearly
impossible."

Moreover, under the proposed changes, those seeking asylum would have to
convince immigration authorities that the "exclusive, single motive" of
a
persecutor was one of the universally acknowledged conditions for
granting
asylum. "Given the many circumstances which may surround a case of
persecution, asking the victim to demonstrate to a reviewer's
satisfaction
that religion, membership in a social group, one's race or nationality,
or
political opinion was the overriding motive of the persecutor is a
standard
which many asylum seekers could not reasonably be expected to meet,"
said
Parkins. "All of these new devices which impede a grant of asylum to an
otherwise legitimate claimant are unnecessary intrusions into a system
which
already addresses the security issue. The new law makes asylum a more
remote, if not unreachable, option for real victims of persecution."

Episcopal Migration Ministries has been joined by 18 other interfaith
groups
in opposing the legislation.

Text of the interfaith statement:

Interfaith Statement
February 3, 2005

REAL ID Act Threatens Ability of Victims of Persecution to Find Save
Haven
in the United States

As representatives of various faith traditions, we are deeply concerned
that
the REAL ID Act, legislation proposed by Representative Jim
Sensenbrenner
(R-WI), would make asylum a more remote possibility for hundreds of
persons
who need protection. We understand that safeguarding our national
security
is an urgent issue, and we support measures that honor that concern. We
also
subscribe to core beliefs which require that we provide safety to
victims of
persecution, particularly those who have no recourse to the protection
that
democratic societies traditionally provide. Restricting access to asylum
beyond current practice does not serve the cause of national security
and,
moreover, erodes a sacred and legal responsibility to give safety to
those
whose only protection comes from asylum.

Each of our traditions has witnessed the suffering of persons whose
beliefs
often place them in jeopardy and possibly in mortal danger. As
American-based faith communities, we have cherished the ability of
asylum
seekers to find safety in communities around our nation. We are,
therefore,
saddened by a further erosion of our asylum system under the pretext of
national security. We urge Members of Congress to reject the notion that
all
asylees are prospective terrorists and that the current system needs to
be
made more restrictive.

The belief that we must receive persons who have been rejected and
persecuted because of their ideas and religious practices is anchored in
both our histories and sacred texts. We have contributed over the years
to
supporting and enriching practices which embrace hospitality as not only
a
religious but an American value. We also appreciate the need to prevent
terrorism from violating both our freedom and safety. We believe that
hospitality to the stranger - particularly one who has been persecuted -
and
security are compatible national goals. We, therefore, reject
legislation
that subverts hospitality in the name of security.

The current asylum system includes rigorous safeguards against
terrorists
abusing the asylum system. The changes proposed by the REAL ID Act raise
a
false issue in further victimizing legitimate asylum seekers. Requiring
unreasonable levels of evidence to prove an asylum claim, placing a
greater
burden on asylum seekers to convince reviewers of the key motivation of
their accusers, and allowing subjective considerations to guide the
review
process all send a chilling message to those who desperately seek the
safety
and protection which they have a right to expect of our great nation.

We have all seen how fear can pervert justice. We believe that the
religious
traditions which we embrace calls us to oppose a narrowing of the door
to
asylum by some of the world's most at risk persons. We are committed to
resisting a fear driven agenda which violates our faith based
principles.

Anti-Defamation League
B'nai B'rith International
Church World Service
Episcopal Migration Ministries
HIAS and Council Migration Service of Philadelphia
Hebrew Immigrant Aid Society
Institute on Religion and Public Policy
Jesuit Refugee Service
Jewish Council for Public Affairs
Jewish Labor Committee
Lutheran Immigration and Refugee Service
Midland Alliances
Midland Association of Churches
Midland Ministerial Alliance
National Council of Jewish Women
Project for International Religious Liberty
Religious Freedom Coalition
Workmen's Circle/ Arbeter Ring
World Relief

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