[Congressional Record Volume 147, Number 21 (Wednesday, February 14, 2001)]
[Senate]
[Page S1388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ASYLUM AND DOMESTIC VIOLENCE
Mr. LEAHY. Mr. President, before leaving office, Attorney General
Reno ordered the Board of Immigration Appeals to reconsider its
decision to reject the asylum claim of a Guatemalan domestic violence
victim. I applaud the former Attorney General for her actions in this
case, entitled Matter of R.A., and I encourage the Bush Administration
to continue with her efforts to provide a safe harbor for victims of
severe domestic abuse.
The facts of the R.A. case are chilling. Ms. Rodi Alvarado Pena
sought asylum after suffering from unthinkable abuse at the hands of
her husband in her native Guatemala, abuse that ended only when she
escaped to the United States in 1995. She said that her husband raped
and pistol-whipped her, and beat her unconscious in front of her
children. She said that law enforcement authorities in Guatemala told
her that they would not protect her from violent crimes committed
against her by her husband. And she believed that her husband would
kill her if she returned to Guatemala.
The INS did not dispute what Ms. Pena said, and in 1996, an
immigration judge determined that she was entitled to asylum. But in
1999, the Board of Immigration Appeals (``BIA'') reversed that decision
on the grounds that even if everything Ms. Pena said were true, she did
not qualify for asylum because victims of domestic abuse do not
constitute a ``social group'' under existing law. This decision seemed
to me and a number of other Senators and Representatives to be
inconsistent with previous decisions extending asylum to victims of
sexual abuse. I wrote Doris Meissner, then the Commissioner of the INS,
in August 1999 to express my concerns about the case. I joined a group
of Senators writing Attorney General Reno about this matter in November
1999, and raised those concerns again in letters to the Attorney
General in February and September 2000. Finally, I reiterated my
concerns to Ms. Meissner in August 2000.
The Justice Department released a proposed rule in December that
would make it easier for women to base asylum petitions on gender-based
persecution. Then-Attorney General Reno's January 19 order stays the
R.A. case until a final version of that rule is approved, at which time
the BIA will reconsider the case in light of that rule. I urge the Bush
Administration to approve a final rule that provides strong protections
for victims of domestic violence and other forms of gender-based
oppression. And I urge the BIA to apply that rule in a way that
provides the maximum protection for such women.
The United States should have--and I believe does have--a bipartisan
commitment to refugees. I have been joined by Republicans such as
Senators Brownback and Jeffords in my attempts to draw attention to
this case. And I am optimistic that the Bush Administration will share
our concerns. No one wants to see a victim of domestic violence
returned to face further abuse, especially where her government does
not have the will or ability to protect her. Working together, and
building on the foundation laid by Attorney General Reno, we can
prevent that from happening.
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