Patrick Leahy: “I applaud Senators Feingold and Brownback for proposing an amendment to correct a seriously flawed provision that…”

“I applaud Senators Feingold and Brownback for proposing an amendment to correct a seriously flawed provision that remains in the immigration bill that we are likely to pass. Under section 227(c) of the bill, Federal courts of appeals would be prohibited from granting an asylum seeker a temporary stay of deportation unless the alien could prove by clear and convincing evidence that the order of deportation is unlawful. In many cases, this is the same or an even a higher standard than an alien would be required to meet in order to win his or her case on the merits. This result has been described by one Federal court as ``Kafkaesque.'' It is also fundamentally unfair. Judicial review is the failsafe that guarantees the rights of men and women when the law is interpreted incorrectly or when human emotion or bias overcomes impartiality. Judicial review helps define our constitutional democracy and is a value that is deeply embedded in our system of government. It would be a grave mistake for us to accept the provision in section 227(c) and to ignore the wisdom of the distinguished Federal judges who oppose this curtailment of their authority to decide these difficult cases with care and consistent with the traditional practices of the Federal judiciary. A number of Federal courts of appeal are in agreement that the standard contained in section 227(c) is inequitable and unworkable.…”