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Monday, Jan. 31, 2005

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  But Sensenbrenner, a Wisconsin Republican, says the changes will prevent would-be terrorists from slipping into the country by abusing the asylum system.

The changes are tucked into a bill that seeks to prevent illegal immigrants from getting drivers' licenses and to complete a fence on the California-Mexico border.

"We support effective immigration enforcement and measures to increase our national security," said Gideon Aronoff, vice president of government relations and policy at the New York-based Hebrew Immigrant Aid Society. But Sensenbrenner's asylum proposals "would inflict serious hardship on victims of persecution, torture and trauma who rightly look to the U.S. as a beacon of hope," Aronoff said.

Sensenbrenner's proposals were among measures that stalled an intelligence overhaul bill last year. To move the bill, House leaders removed the measures and told Sensenbrenner he could piggyback his measures on the first "must pass" legislation on the House floor this session. That's likely to be the Iraq and Afghanistan wars spending package.

Sensenbrenner's bill would require asylum seekers to prove the central reason for their persecution. It would allow judges more discretion in deciding whether the asylum applicant must provide corroborating evidence. Higher courts could not overturn the judge's decision on providing evidence.

"I think it's important to give judges and the immigration service the tools to be able to handle people who are using the asylum system for illegitimate purpose, in order to protect the asylum system for those who are genuine applicants for asylum," Sensenbrenner said.

His proposals are particularly aimed at the 9th Circuit Court of Appeals, which he said issued a decision that prevents an immigration law judge from considering the credibility of an asylum applicant in deciding whether the claim is legitimate.

Asylum Abuse

"That just flies in the face of American jurisprudence," Sensenbrenner said.

Sensenbrenner regularly cites as examples of asylum abuse the cases of Ramzi Yousef, who masterminded the 1993 World Trade Center bombing, and Hesham Mohamed Hadayet, who fatally shot two people at the ticket counter of El Al, Israel's national airlines, in the Los Angeles airport in 2002.

But religious and human rights groups say Sensenbrenner is citing flawed examples. Asylum laws were changed in 1995 and 1996 in response to the first World Trade Center bombing, the groups said.

The Los Angeles airport shooting was a deportation enforcement problem, they said. Hadayet, who was killed by a security guard, had been denied asylum but failed to show up for his deportation hearing. He later became a U.S. resident after his wife won residency through the U.S. visa lottery system.

Richard Parkins, director of Episcopal Migration Ministries, said Sensenbrenner's asylum provisions are based on a false premise that the threat of terrorism is reduced by making asylum benefits less accessible.

"We believe public policy based on fear, false premise or misleading information is something we cannot accept. The Episcopal Church has long spoken out against further reduction of asylum opportunity," Parkins said.

Houston Democratic Rep. Sheila Jackson Lee, who serves on the Judiciary Committee, said Congress should require a short study of the asylum system.

"What I'm afraid of is that women fleeing persecution, sexual trafficking and children who have been abused ... for slave labor and other political refugees ... will be hurt unfairly," Jackson Lee said.

Other religious groups opposing the asylum changes are the U.S. Conference of Catholic Bishops, Lutheran Immigration and Refugee Service and World Relief, a program of the National Association of Evangelicals. They are joined by Human Rights First and Amnesty International.

Sensenbrenner's bill had 115 co-sponsors, including one Democrat, as of Monday.

Texas co-sponsors are Republican Reps. Joe Barton of Ennis; Kevin Brady, The Woodlands; Michael Burgess, Flower Mound; Louie Gohmert, Tyler; Lamar Smith, San Antonio; John Carter, Round Rock; John Culberson, Houston; Jeb Hensarling, Dallas; Sam Johnson, Plano; Michael McCaul, Austin; Randy Neugebauer, Lubbock and Pete Sessions, Dallas.

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