[Congressional Record Volume 147, Number 147 (Tuesday, October 30, 2001)]
[House]
[Pages H7362-H7365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXTENDING ELIGIBILITY FOR REFUGEE STATUS OF UNMARRIED SONS AND 
                DAUGHTERS OF CERTAIN VIETNAMESE REFUGEES

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1840) to extend eligibility for refugee status of 
unmarried sons and daughters of certain Vietnamese refugees, as 
amended.
  The Clerk read as follows:

                               H.R. 1840

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIGIBILITY FOR REFUGEE STATUS.

       (a) Eligibility for In-Country Refugee Processing in 
     Vietnam.--For purposes of eligibility for in-country refugee 
     processing for nationals of Vietnam during fiscal years 2002 
     and 2003, an alien described in subsection (b) shall be 
     considered to be a refugee of special humanitarian concern to 
     the United States (within the meaning of section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157)) and shall be 
     admitted to the United States for resettlement if the alien 
     would be admissible as an immigrant under the Immigration and 
     Nationality Act (except as provided in section 207(c)(3) of 
     that Act).
       (b) Aliens Covered.--An alien described in this subsection 
     is an alien who--
       (1) is the son or daughter of a qualified national;
       (2) is 21 years of age or older; and
       (3) was unmarried as of the date of acceptance of the 
     alien's parent for resettlement under the Orderly Departure 
     Program or through the United States Consulate General in Ho 
     Chi Minh City.
       (c) Qualified National.--The term ``qualified national'' in 
     subsection (b)(1) means a national of Vietnam who--
       (1)(A) was formerly interned in a re-education camp in 
     Vietnam by the Government of the Socialist Republic of 
     Vietnam; or
       (B) is the widow or widower of an individual described in 
     subparagraph (A);
       (2)(A) qualified for refugee processing under the Orderly 
     Departure Program re-education subprogram; and
       (B) is or was accepted under the Orderly Departure Program 
     or through the United States Consulate General in Ho Chi Minh 
     City--
       (i) for resettlement as a refugee; or
       (ii) for admission to the United States as an immediate 
     relative immigrant; and
       (3)(A) is presently maintaining a residence in the United 
     States or whose surviving spouse is presently maintaining 
     such a residence; or
       (B) was approved for refugee resettlement or immigrant visa 
     processing and is awaiting departure formalities from Vietnam 
     or whose surviving spouse is awaiting such departure 
     formalities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from New York (Mr. 
Nadler) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Sensenbrenner)


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days

[[Page H7363]]

 within which to revise and extend their remarks and to include 
extraneous material on H.R. 1840, the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1840 extends eligibility for refugee status of 
unmarried sons and daughters of certain Vietnamese refugees. It stems 
from the Orderly Departure Program which was established in 1979 to 
give eligible nationals of Vietnam an alternative method of emigrating 
to a foreign country, rather than undertake illegal hazardous 
departures by boat or land.
  In 1989, the INS began adjudicating applications for refugee status 
in Vietnam for certain Vietnamese nationals who had been in reeducation 
camps for at least 3 years and widows of Vietnamese nationals who died 
as a result of confinement in the reeducation camps. The INS included 
unmarried sons and daughters 21 years and older based on case 
eligibility guidelines set up by the State Department 10 years earlier. 
However, this contradicted immigration regulations. INS had been 
treating those unmarried sons and daughters as derivative refugees, but 
the Immigration regulations defined derivative refugees as spouses and 
unmarried children under 21 years of age.
  In April of 1995, the INS, with concurrence of the State Department, 
stopped accepting sons and daughters 21 years of age or older. In 
response to this modification, the McCain amendment was enacted to 
reestablish refugee eligibility to unmarried adult sons and daughters 
of the qualifying Vietnamese nationals. The legislation was retroactive 
to April 1, 1995, the date on which the modification had taken effect. 
It was extended in 1998.
  The INS has denied derivative refugee status to those unmarried sons 
and daughters who failed to prove their family relationship with the 
principal applicant. The INS mistakenly denied some for no proof of 
family relationship when the applicant could not show he or she 
continuously resided with the parent. After determining that it was 
incorrectly denying some derivatives based on co-residency, the INS 
identified the entire caseload of improperly adjudicated derivative 
family member cases. The agency had until September 30, 2001 to correct 
the cases adjudicated on or after April 1, 1995, where the original 
denial was based solely on the issue of co-residency with the principal 
applicant.
  The INS needs additional time to adjudicate pending cases under the 
McCain amendment. As such, H.R. 1840 extends the time to adjudicate 
these cases by 2 years. The intent of H.R. 1840 is to extend the same 
eligibility criteria applied to cases currently being processed under 
the McCain amendment to individuals whose parent's case was processed 
prior to April 1, 1995. Accordingly, the act removes the date of April 
1, 1995, imposed by the McCain amendment.
  In addition to failure to prove co-residency, the INS has denied some 
cases because the applicants were unable to prove their family 
relationship to a principal applicant. Due to new identification 
methods, such as DNA, H.R. 1840 permits the INS to reconsider cases 
that were previously denied for failure of proof rather than just those 
cases that were denied based on the issue of cohabitation with the 
principal alien.
  Finally, some sons and daughters have been denied derivative refugee 
status because their principal applicant parent has died, although the 
surviving parent resides in the United States or is awaiting departure 
formalities from Vietnam. Accordingly, H.R. 1840 expands eligibility to 
include these adult unmarried sons and daughters.
  The bill has the support of its author, the State Department, the 
Justice Department, the INS, and it passed the Committee on the 
Judiciary unanimously. I urge my colleagues to support this bill.
  Mr. Speaker, I reserves the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this bill. It is a reasonable bill 
that is based on a bipartisan agreement between members of the 
Committee on International Relations and the Committee on the 
Judiciary. The bill passed the Committee on the Judiciary by a voice 
vote.
  Prior to April 1, 1995, refugees accepted for resettlement into the 
United States were allowed to bring their sons and daughters, even 
those above the age of 21, so long as they had never married and were 
members of the refugee parent's household. On April 1, 1995, the INS 
changed its interpretation of the then existing law to exclude children 
who were over 21, even if they were unmarried and living with their 
parents.

                              {time}  1415

  Mr. Speaker, in the case of South Vietnamese combat veterans and 
others who had suffered long terms in reeducation camps because of 
their wartime associations with the United States, this imposed a 
particularly harsh burden on the refugees and their children. These 
children had already been without their fathers throughout the time 
they were in reeducation camps, in some cases for 10 or 15 years.
  The new rule was particularly harsh on young women. In Vietnamese 
society, a 21- or 22-year-old unmarried woman either lives with her 
parents or she is regarded as vulnerable and unprotected.
  Recognizing these realities, Congress has three times adopted the 
McCain amendment, which changes the INS interpretation of the law, so 
that refugees who are survivors of reeducation camps can once again be 
accompanied by their unmarried young sons and daughters.
  Due to drafting mistake, the provision excluded sons and daughters 
who were mistakenly rejected before April 1, 1995. This bill will fix 
this problem once and for all, simply by enacting the very same rules 
for pre-April 1995 cases that already apply by law to cases after April 
1, 1995. It is simple legislation, and it cures an injustice. It harms 
nobody, and I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 4 minutes to the gentleman 
from Virginia (Mr. Tom Davis).
  (Mr. TOM DAVIS of Virginia asked and was given permission to revise 
and extend his remarks.)
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I thank the chairman for his 
courtesy and consideration in bringing this bill to the floor.
  Mr. Speaker, I rise to express my strong support for H.R. 1840, a 
bill which will extend eligibility for refugee status of unmarried sons 
and daughters of certain Vietnamese refugees.
  The Communist government of Vietnam, by its actions in imprisoning 
Catholic priests, Buddhist monks, and ordinary citizens whose only 
crime is to speak out for freedom and democracy is saying loudly and 
clearly and consistently to the United States, we want American 
investment dollars and we are willing to learn from the American 
economic system, but American values of religious and political freedom 
are not welcomed.
  We need to do more to respond to this message of oppression with our 
own message of freedom. Human rights needs to be central to our foreign 
policy toward Vietnam. One small step is to save as many as possible of 
the people who are still being persecuted by the Communist authorities 
because of their wartime associations with the United States, or simply 
because they share our values.
  Mr. Speaker, until 1995, those refugees who were eligible to resettle 
in the United States under the HO component of the Orderly Departure 
Program, which is limited to persons who served 3 or more years in 
reeducation camps after the Communist takeover of Vietnam in 1975, were 
allowed to bring their children with them. This policy included 
unmarried children who had reached the age of 21 during the period of 
the refugee's incarceration or during the long wait to receive an exit 
visa from the Communist authorities.
  I introduced this resolution several months ago to address a specific 
immigration concern. Until April 1, 1995, former Vietnamese prisoners 
of war who were accepted for resettlement by

[[Page H7364]]

the United States as refugees could bring their sons and daughters, 
even those above the age of 21, so long as they had never married and 
were members of the refugee parent's household. On April 1, 1995, INS 
changed its interpretation of the then-existing law to exclude children 
who were over 21, even if they were unmarried and living with their 
parents. This abrupt decision reversed our humanitarian pro-family 
policy. This change in policy forced a brutal choice on ex-political 
prisoners: either decline the opportunity to find freedom in the United 
States, or abandon their children in a country that has persecuted 
them.
  In 1996 Congress adopted the McCain amendment to make clear that 
unmarried adult sons and daughters of reeducation camp internees are 
refugees of special humanitarian concern under U.S. law. Unfortunately, 
difficulties in interpretation and implementation of this provision 
have left hundreds of refugee families still separated.
  For South Vietnamese combat veterans and others who had suffered long 
terms in reeducation camps because of their wartime associations with 
us, this imposed a particularly harsh burden on both them and their 
children. These children had already been without their fathers when 
they were in reeducation camps, in some cases for 10 or 15 years. Then 
the refugees were given a choice between living forever under a 
Communist dictatorship or leaving their children behind when they 
immigrated to the United States. These children are marked as members 
of a counterrevolutionary family and denied educational and employment 
opportunities by the Government of Vietnam. They would certainly go on 
suffering in Vietnam because of their families' participation in the 
war.
  Additionally, the new INS rule was particularly harsh to young women. 
In Vietnamese society, a 21- or 22-year-old girl either lives with her 
parents or is regarded as vulnerable and unprotected.
  Recognizing these realities, Congress on three occasions adopted the 
McCain amendment which changed the INS interpretation of the law so 
that refugees who are survivors of reeducation camps can once again be 
accompanied by their unmarried sons and daughters.
  The latest extension expired on September 30. My bill will extend the 
McCain amendment for 2 years and fix a drafting problem in the 
language. This bill will allow over-21 unmarried sons and daughters and 
widows of qualified reeducation detainees to be considered for 
resettlement as refugees to the United States, regardless of the date 
of acceptance.
  H.R. 1840 is a fair and equitable bill that will provide family 
reunification and allow us to keep our promise to the people who fought 
alongside U.S. troops during the Vietnam War. Their courage and valor 
must never be forgotten.
  Mr. Speaker, I thank the gentleman from Texas (Mr. Armey) and the 
gentleman from Wisconsin (Mr. Sensenbrenner) for their leadership, and 
their respective staffs. I urge my colleagues to give this legislation 
their support.
  Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentleman from 
Virginia (Mr. Moran).
  Mr. MORAN of Virginia. Mr. Speaker, I thank the gentleman from New 
York (Mr. Nadler) and the gentleman from Wisconsin (Mr. Sensenbrenner), 
and I particularly want to thank the gentleman from Virginia (Mr. Tom 
Davis) for introducing this legislation.
  This would appear to be a minor, technical correction; but it makes a 
major change in the lives of a great many American families. I use the 
term ``American families'' deliberately. I challenge Members to find 
any group of immigrants any more committed to the United States and its 
values than Vietnamese refugees. The Vietnamese American families are 
extremely patriotic. They put many of us to shame.
  The fact is that their sons and daughters are being stigmatized, 
penalized because of their family ties. The limitations, both social 
and economic that are placed on them, are unfair. The right thing to do 
is to let them be reunited with their families. This is a good bill. I 
am glad it is going to pass unanimously.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from North Carolina (Mr. Ballenger).
  (Mr. BALLENGER asked and was given permission to revise and extend 
his remarks.)
  Mr. BALLENGER. Mr. Speaker, I thank the gentleman from Wisconsin (Mr. 
Sensenbrenner) for yielding me this time.
  Mr. Speaker, upon assuming control of the entire nation of Vietnam, 
the Communist Government imprisoned many of its citizens in reeducation 
camps where they endured brutal conditions. Many died due to abuse and 
deprivation. Most of those placed in these camps were sent there 
because of their service to the governments of South Vietnam and the 
United States during the Vietnam War.
  In 1979, the Orderly Departure Program was created to provide a way 
for the immediate relatives of those who spent 3 years or more in those 
camps, and the widows of those who died in the camps to immigrate to 
the United States. I know a number of these people who now reside in my 
congressional district and work in a business that I founded. They are 
productive and patriotic citizens.
  However, when the deadline to register for the program expired, many 
qualified beneficiaries were left behind. The bill of the gentleman 
from Virginia (Mr. Tom Davis), H.R. 1840, will offer these individuals 
an opportunity to be considered for admission under the Ordinary 
Departure Program through the fiscal year 2003. I support the bill. It 
is a fair and honorable way to help the families of the brave men and 
women who endured great suffering for their service to the cause of 
democracy and their support of the American military and civilian 
personnel during the Vietnam War.
  Mr. Speaker, I ask Members to vote for H.R. 1840.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R. 
1840, which seeks to correct a technical flaw in the immigration and 
naturalization processes pertaining to refugees of Vietnam and their 
adult children.
  In 1989 the INS granted refugee status to Vietnamese citizens 
imprisoned in Vietnamese forced reeducation camps. Approximately 200 
adult children of those detained in camps were mistakenly denied 
admission into the United States due to a 1995 change in INS 
regulations. These regulations have since been changed to correct this 
error.
  Current law stated that INS was to review all such applications by 
September 30, 2001. This deadline has been outfaced by events, and H.R. 
1840 fixes this problem by extending the reapplication deadline to 
September 2003. I support this legislation because it seeks to remedy 
an injustice, and because the remedy it provides is comprehensive and 
narrowly constructed.
  H.R. 1840 allows for petitions denied both before and after April 
1995 to be reexamined for erroneous denials. Also, this bill will allow 
adult unmarried children with only one surviving parent with U.S. 
residency claims to apply as well. This is a further example of how 
successful our immigration policies can be at promoting societal 
stability. This legislation recognizes and rewards family bonds. It 
does so in a way that recognizes the temporal importance of remedying 
this problem for the health and well being of those Vietnamese refugees 
involved.
  Mr. Speaker, many communities, including my own district in Houston, 
Texas enjoy thriving Vietnamese populations as a result of immigration. 
H.R. 1840 promotes greater stability in those communities, as adults 
who are growing older will be allowed to do so with increased peace of 
mind that their loved ones might be able to help them grow old with 
love and dignity. These benefits surely redound to larger society as 
well by promoting stable families and safer communities. I therefore 
urge members to support this legislation.
  Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. NADLER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 1840, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

[[Page H7365]]



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