[Congressional Record Volume 155, Number 192 (Thursday, December 17, 2009)]
[Senate]
[Pages S13376-S13377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           PAROLE GUIDELINES

  Mr. LEAHY. Mr. President, I have long questioned the policy of 
detaining asylum seekers who present genuine claims for protection 
under our laws. Asylum seekers who express a fear of return to their 
country, and who can establish their identity and show that they are 
neither a flight risk nor a threat to the community, should be allowed 
to pursue a claim for relief in the United States free from custody. 
Yesterday, U.S. Immigration and Customs Enforcement, ICE, announced new 
guidelines for release of asylum seekers that override an unduly harsh 
policy implemented in 2007 by the Bush administration and that are a 
welcome step toward compliance with our obligations under the Refugee 
Convention.
  Under current law, an asylum seeker who arrives at a port of entry 
and asks for refugee protection is given a brief interview to ascertain 
whether he or she has a credible fear of persecution in their home 
country. If the asylum seeker passes that interview, they are detained, 
pending a hearing on their claim before an immigration judge. That 
hearing may take place weeks or months after the asylum seeker arrives 
in the United States. Unless the asylum seeker can convince the 
Department of Homeland Security that they should be released, that 
asylum seeker can spend those weeks or months in immigration detention. 
This policy is an affront to our ideals as a nation that aspires to be 
a beacon of light to persecuted refugees.
  In 1997, the Immigration and Naturalization Service developed 
guidelines to determine whether asylum seekers should be released from 
custody in ``parole'' status while their asylum claims were 
adjudicated. To obtain parole, asylum seekers were required to 
establish their identity, and show that they were neither a flight risk 
nor a threat to the community. These guidelines were properly 
calibrated to deter fraud in the asylum system and threats to our 
national security. They also ensured that those who met the criteria 
for parole should be released. The 1997 parole guidelines were 
imperfectly implemented, but the policy contained in them was 
reasonable and appropriate.
  For reasons that were never adequately explained, under the prior 
administration, ICE issued new parole guidelines that raised the bar 
for asylum seekers. In addition to the 1997 requirements, under the 
Bush policy, an asylum seeker had to demonstrate other factors, such as 
a serious medical condition, pregnancy, status as a minor, or that his 
or her release was in the ``public interest.'' The term ``public 
interest'' was not defined in the 2007 guidelines and it is not clear 
how a detained asylum seeker could have met such a vague standard. 
Members of Congress and the bipartisan U.S. Commission on International 
Religious Freedom questioned the need for such a restrictive policy, 
especially when many asylum seekers have no criminal record and pose no 
risk to Americans.
  The new parole policy generally hews to the 1997 parole guidelines, 
but contains an important improvement. Again, asylum seekers will be 
eligible for parole if they demonstrate a credible fear of return to 
their country of origin, establish identity, and show that they are 
neither a flight risk nor a threat to the community. For the first 
time, however, the government will conduct a parole review of each case 
in which the asylum seeker establishes a credible fear of return. Under 
both the 1997 and 2007 policies, an asylum seeker had to request a 
parole determination in writing. Many asylum seekers arrive on our 
shores with genuine claims for protection, but no English language 
skills and no legal counsel. For these asylum seekers, navigating our 
complex immigration system presents an enormous hurdle. It is a 
challenge for them to even comprehend that they may seek parole

[[Page S13377]]

from detention. Therefore, an automatic parole review will assist many 
bona fide refugees in winning release from custody. Our commitment to 
fair and humane treatment of refugees demands no less. This new policy 
will also save taxpayer dollars spent to detain immigrants, including 
asylum seekers who are otherwise eligible for parole, at an average of 
$100 per person, per day.
  In 1996, when our asylum laws were rewritten to restrict access to 
protection for many who requested protection upon arrival, I fought 
hard to preserve our role as a nation that welcomes refugees. I offered 
an amendment to restore basic due process protections to the summary 
exclusion and expedited removal provisions proposed for asylum seekers. 
Former Senator Michael DeWine of Ohio cosponsored the amendment, which 
prevailed by only one vote. Since that time, I have worked to 
strengthen access to due process for asylum seekers and ensure that our 
government complies with its international treaty obligations under the 
Refugee Convention.
  I commend President Obama and Secretary Napolitano for engaging in a 
serious review of our asylum policies and taking steps to bring us 
closer to full compliance with international law. With the thirtieth 
anniversary of the Refugee Act of 1980 approaching, I will continue to 
press for both legislative and administrative changes to the law that 
will protect refugees and asylum seekers from harm and provide them 
with safety and security in America.

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