William F. Smith: “I strongly oppose the Nadler amendment, which would strip the asylum reforms from the ``REAL ID Act.'' The asylum…”

“I strongly oppose the Nadler amendment, which would strip the asylum reforms from the ``REAL ID Act.'' The asylum provisions in the REAL ID Act are essential. The 9/11 Commission specifically noted that ``a number of terrorists . . . abused the asylum system.'' Just last year, a Pakistani national who had applied for asylum was caught while planning to blow up a subway station during the Republican Convention in New York City. Under a 9th Circuit decision, a judge can determine that an asylum applicant is lying and still be required to grant the applicant admission. The DOJ Inspector General reported that it was common for asylum applicants to make claims that they were falsely accused of being terrorists. In this situation, even if the judge believes that the applicant is lying and is a terrorist, the judge may still be required to approve the application. The REAL ID Act reverses this 9th Circuit decision and makes it harder for terrorists to exploit our asylum system. It allows immigration judges--like judges in most other courts--to determine whether the asylum seeker is telling the truth. Judges in ordinary criminal courts of law are routinely allowed to determine whether they believe a defendant is lying. Yet, under current law, immigration judges cannot make this common sense determination. The REAL ID Act is essential in stopping asylum abuse.”