Orrin Hatch: “with regard to the Leahy-Simon amendment, let me say that this amendment is an improvement of the amendment that Senator…”

“with regard to the Leahy-Simon amendment, let me say that this amendment is an improvement of the amendment that Senator Leahy offered in the Judiciary Committee, because it will permit for special summary exclusion procedures in extraordinary migration situations. The amendment will remove summary exclusion procedures where they could be problematic. In particular, the amendment removes the summary exclusion procedures for asylum applicants. Those would require that INS officers at points of entry make threshold determinations of how an alien traveled to the United States and whether someone claiming asylum has a credible fear of persecution. This would present a burden to our INS officers at borders, who would now have to become experts in asylum law and would have to perform additional bureaucratic functions. I am also concerned about the harsh consequences that could result to asylum applicants who do have a valid claim but who may not speak English, may not have the necessary proof of their claim with them, and that sort of thing. I also note that the INS has had success with reducing frivolous asylum claims. This provision seems unnecessary at this time and could create burdens on INS border agents, who should be focussing on other matters. This amendment also deletes provisions of the bill providing that an alien using fraudulent documents for entry is excludable and ineligible for withholding of deportation.”