Chris Smith: “I rise to call attention to section 422 of the conference report on S. 735, which provides for the summary exclusion of…”

“I rise to call attention to section 422 of the conference report on S. 735, which provides for the summary exclusion of persons attempting to enter the United States without proper documentation. It is important that we exclude persons who would abuse our generous immigration laws, and it is important that the process of exclusion be a speedy one. It is also important, however, that the process be fair-- and particularly that it not result in sending genuine refugees back to persecution. Section 422 provides that no person shall be summarily excluded if, in the opinion of an asylum officer at the port of entry, he or she has a credible fear of persecution. Unfortunately, the definitions of asylum officer and of credible fear of persecution are not as clear as they might be. In particular, the definition of asylum officer requires professional training in asylum law, country conditions, and interviewing techniques, but does not state how much training or what kind. I am informed that assurances have been given from the staff members who worked on drafting the conference report that there is absolutely no intention that officers should be put in these positions who are not genuine asylum officers.”