[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[Extensions of Remarks]
[Pages 3134-3135]
[From the U.S. Government Publishing Office, www.gpo.gov]




THE INTRODUCTION OF THE RESTORING PROTECTION TO VICTIMS OF PERSECUTION 
                                  ACT

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                       Wednesday, March 10, 2010

  Mr. STARK. Madam Speaker, I rise with my colleagues, Mr. Moran of 
Virginia and Ms. Watson of California, to end a part of our immigration 
system that has denied protection to those who need it the most. The 
Restoring Protection to Victims of Persecution Act ends the practice of 
barring asylum claims by those who have been in our country for more 
than a year.
  Enacted as part of the Illegal Immigrant Reform and Immigrant 
Responsibility Act of 1996, the one-year bar to asylum has failed. 
Instead of preventing fraudulent asylum claims as intended, the one-
year limitation has turned away individuals who would most benefit from 
sanctuary. A disproportionate number of these immigrants are women who 
are the targets of gender-based persecution, including domestic 
violence, female genital cutting, and ``honor'' crimes.
  Although the law includes exceptions to excuse those who are 
determined to have valid reasons for applying for asylum after one 
year, adjudicators routinely deny applicants who meet these exceptions. 
People who are attempting to care for their children, hide from their 
abusers, cope with past trauma, and deal with the challenges of 
surviving in a new country are repeatedly and arbitrarily denied asylum 
status because of missing the one-year deadline.
  Once denied, an applicant has only two other possibilities for 
safety: to petition for withholding of removal or to seek protection 
under the Convention Against Torture. Both

[[Page 3135]]

these forms of relief demand an applicant surmount a much higher 
standard of proof than asylum and never provide them permanency or 
allow reunification with family members.
  I also thank my colleague, Mr. Ortiz, for introducing a comprehensive 
immigration reform bill that includes language to end the one-year bar. 
I hope that by giving this issue its own legislation, Congress can move 
swiftly to help these victims who are being turned away every day. 
Since its enactment in 1996, more than 35,000 people have been denied 
asylum solely because of the one-year bar.
  As a country, we pride ourselves in our advocacy for democracy and 
human rights around the world. Please join us in supporting this bill 
so that we can prove we are as good as our word.

                          ____________________