United States. Congress. House. Committee on the J.

Legal immigration reform proposals : hearing before the Subcommitee on Immigration and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, May 17, 1995 online

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all state and local governments.



The INS on May 19 aiuiouiiced that
the last 203 Haiuan children in
Guantanamo will be removed by June
30, 1995; it is widely assumed Uiat moat
will be admitted to die US.

The Cubaii agreement did not men-
tion Haitians, and on May 3, die US
letmned 27 Haitians to Haiti. There
were en May 1, 1995 about Haitian
children under 17 among the almost
500 remaining Haitians in two camps
in Guanianamo , and they attend school*
while awaiting a dedsion about their
fate. Mostof die 21 XXX) Haitians in
Guantanamo were repatriated after
November 1994.

It has proven difiicult to fuid die
childien'sporentsandrelatives in Haiti,
and some of die children hope to be
admitted to die US, as are Cuban chil-
drea from die 12 Cuban camps for
whom life in Guantanamo is consid-
ered by the INS lo be "an extraordinary
hardship." Haitian advocates in die US
alleged Uiat. in some instances, Haitian
chiUren were returned to strangers in
Haiti.

Lu«* Ahnio. "Huiin Kidi sol itf eiH|M by
loM 30,- Miaai Haild, Miy 20, IMS, At.
Ton Hediu lod Oiriaofiicr Mnqaa, *Bifli
Pnum mtf pqr off: Micjr Ofaf eoold up
uiik.- kfioi Hcnld, May 19. 1995, At I.
SicvtB OncnbooK, 'Ham ihc Clialoa
Adanaanna Rnoaed US Policy oa Qitai
Rcfaaact.- Nor York llBct, May 21, 1995.
Midael DcUia. -Umakcn Anajl N«w
Policy «« Rwnnrnis Qibaa Rcftisaaa,"
WaihanvoB Pool. May 19. 1995. "CBMoa
policy hab Ra. fiiC- USA Today. May 5.
1995. SiBv«Gnaksn>e,-USWillRniq illegal immigration, while
having hired an illegal alien. Wilsonand
his former wife owe about $3,000 in
back Social Security taxes and penal-
lies.

AH otberamouicedPiesidential con-
tenders for 1996 have asserted that they
did not employ illegal aliens.

PhI CSfoi, "Give Be yoariind, yoor poor,
yoir a^opriMi,- Wdl Sum loBMl, M>y 2fi,
1993. (iaMSak,-AnB]rBc|iHAilal

PiiMi MhMniiiiM'"'inTii iir I

M^ 24. 1993. RouM Bin— Irii,

-^■■iti Hill Til -iT ii — rri i' -it

Camm,- Im A^dn Tno. tbr M. 1993.
AI. rMbcobi,'WiIn'i Bonier RaoHd—




Women and Asylum

On May 26, 1993. the US foUowed
the lead of Canadaand issued new guide-
line* ifa« teoognize rape, do me sti c vio-
knceandMher forms of violence against
women as possible political peisecu-
tion, nd thus grounds for receiving asy-
lum in the US.

According lo INS Commissiooer
Doris Meissner. the guidelines are meant
to sensitize asylum ofTiceis to gender-
based discrimination and provide a
rncMS 10 evaloaie a woman's asylum



claim. The guidelines do not lower
asylum standards: women must still
show that their personal political con-
victions made them a target of state
persecution.

The guidelines are not expected to
affect asylum cases involving forced
sterilizanon or abortion in China. On
May 2. a federal judge held that these
practices alone do not constitute
grounds for political asylum because
there existence does not constitute in-
dividual political persecution.

There continues to be a debate
whether women in the US who might
be subject to persecution in e.g., Alge-
ria or Saudi Arabia because they refuse
to veil themselves should be granted
asylum in the US. In 1993, Canada
granted asylum to a Saudi student who
argued that she would face persecu-
tion if she was seen in public with her
hair and face uncovered. TheUSdoes
not generally grant asylum to persons
who argue that their lifestyles clash
with culDiral mores at home, and thus
they would fiice persecution if they
returned.

Lawyers asked that the 1 36 Golden
Venture aliens still being' detained be
rdeased while their asylum appeals
are processed. According to the law-
suit, about 40 percent of all Chinese
asylum applications have been ap-
proved, but only 14 percent of thme
from die Golden Venture have been
approved, allegedly proving that the
US government manipulated the con-
sideration of the Golden Venture ap-
plications to send a signal that ^jplica-
tions £rom persons smuggled into the
US will not be considered favorably.
Most Chinese asylum applKants base
Iheir claims on China's one-child
policy.

Satly l^fciw*— "AjyliD nik: fai( Hep for
womoi,*' Soa FnodMO ExamiDcr. May 2S,
1993. Aihky Dum. 'US to Aocqil Aiyin
Plui fof Sex AbuM," Nc» Yo(k Timet, Miy
27, 1993. "Ajyhim leckcn can claim Kxual
ataue," Sacnmouo Bee, May 27, 1993.
Naode Kao. * Aiylum rulet dcbucd u "93



103



llMIfiTira^f^^



Oiincw Refugeef renumjuled,'' D«llu
Monini Newt. Apnl 23. 199S. Cenldine
Bnnki, "A WeU-FouodBd Fear,' New YoA
Tuna. Mirdi 7. 1995. A13.

EUROPE

Italy, Albania Tackle Illegal
Immigration

Every night hundreds of Kurds. Al-
banians, Yugoslavs, and Chinese are
ferried bom Albania across the Adriatic
Sea 10 Italy. Atiisclosestpoint, Alba-
nia is SO miles across the Adriatic Sea
&om Italy. Officials estimate over
50,000 illegal immigrants enter the
European Union each year through
Italy's heel

The govenunents of Albania and
Italy announced a joint task force on
May 27 to deal with the problem of
illegal immigration firom Albania to
Italy. Italy has also tighten its border
cantrt>ls. On May 10, the Italian gov-
ernment moved 1,000 soldiers to the
southern Adriatic coast to deter illegal
immigrants from entering the country,
and another 500 will be moved into the
area during the summer months.

After six days at the border, the
Italian troops arrested only 30 Turidsh
Kurds and one Albanian crossing the
Adriatic. The Kurds were given medi-
cal checks, photographed, and then re-
leased and told to leave Italy within IS
days.

Albatua has also assigned 300 troops
to stop Albanians from leaving their
homeland. The Albanian Interior and
Defense ministries recently tightened
maritime and land border crossing pa-
trols to prevent the country from being
used as a springboard for illegal immi-
grants. In May 1995, Albania turned
back about 500 Turks, Kurds, Paki-
stanis and Chinese.

One reason why illegal immigrants
aim to enter the EU through Italy is that,
under the 1991 Martelli law, most ille-
gal aliens who are apprehended are
given 15 days to leave the country —



only Albanians are expelled immedi-
ately. If caught trying to enter Italy
without papers, Albanians are returned
on a feny that makes the journey be-
tween Italy and Albania three times
each week. Italy does not require visas
&om former Yugoslav nationals, a vio-
lation of an agreement made by
Schengen members in January.

The Italian foreign minister is con-
sidering granting temporary seasonal
visas to Albanians in an effort to reduce
illegal immigration.

An eleven-page report by the
Catabinieri. the armed police of the
Italian Interior Ministry, details how
Turkish sm uggling organizations move
Turks into Europe through Italy. Turk-
ish migrants enter Italy along the
Apulian coast, having been brought
across the Adriatic from Albania. Until
it was blocked by the war in ex-Yugo-
slavia, the more direct land route
through the Balkans was used.

Most of the current illegal border
ctossers are Kurds, attiacted by the
prospector jobs in Germany. They are
collected by the smuggling organiza-
tion in busses from such Kurdish cities
as Eiazig, Bingol Mes. Palu. Eleskirt,
Varto and Nardin, driven throu^ Bul-
garia to Albania, and parceled out to
operators who take them by truck and
bus to the harbor cities of Durres and
Vlore, where Italy is only fifty miles
away across the Straits of Otranto.

From Italian coastal towns, they are
taken by train to Milan or Voghera to
San Remo or Ventimiglia, and then
taken across the French border to
Marseille and LyoiL They are then
moved from France to Germany.

The Carabinieri report says that the
smugglers take the Turks' passports at
the start of the journey . so that they can
control them more easily, and also so
that the Turks are in better position to
claim asylum should they be caught
Smugglers charge each migrant about
$4300 for the whole trip— 52.100 as
far as Albania, S 1 ,050 for the boat cross-



ing to Italy , another SSOO or $600 to get
to France, and the rest for the final push
to Germany.

The Carabinieri estimate that the
smuggling organization has brought
more than 7,000 unauthorized migrants
through Italy into France, and has earned
itself some $28 million in that way. In
the first quarter of 1995, the German
border ptkice picked up 435 Turkish
citizens attempting illegally to cross
the French and Benelux borders into
Germany. There is no estimate of how
many people may have succeeded.

Germany's Interior Minister,
Manfred Kan ther, argued that Italy must
police its borders more effectively.
Kanther says that Italy is disregarding
the ^irit of Schengen by allowing hun-
dreds of illegal immigrants into the EU
every day. Italy has signed but not
implemented the Schengen agreement

In Rome, Kanther was contradicted
by Christc^her Hein, director of the
Italian Refugee Council, who said that
the influx of Kurds was a long-range
consequence of the German recruit-
ment of Turkish guest workers in the
1960s.

Italy is also facing an influx of ille-
gal Chinese immigrants being smuggled
in by Chinese gangs. Italian authorities
are concerned that the Chinese and Ital-
ian mafias are working together.

"luly and AJbuia ut up joint uik torn lo
uckk ille(il nnnugnboo.'* BBC Sumaury d
Woftd Bioukuu. Miy 29. Wi.
SaaUatudK Zaami. May 2«, 1995. Andrew
Gunibel, "lUegal migranu reacfa EU havau via
luly, Tbe iMlrpcnitCTi. May 20. 1995.
Andxxiy M. DcSlefano, "Smugjlinf Hub,
Aibaoia a new roue to US for iUegali,"
NewKlay. May 13. 1995. Ven Halkr, "llaly
Ihcs 10 Ban deluge oi ilkgal immigrsiu,"
Reuien. May 18, 1995. "Quna Cangi,"
Newiwcek. May >, 1995. "Miniuiiea cnck
down on imuggling of people," BBC Summa/y
of Worid Broadcaiu, May 9, 1995. Uazar
Scmini, "Albania cracki down on illegal
inunigranl imuggling," Reuten. May 9, 1995.
John Hooper, "Tioopa Seal Europe'i Back
Door,"TheGuaidian. May 11, 1995. Bnice
Jolnitoo, "luly vowi u> reaiit Albanian
'invaiioa.'" Daily Telegraph. May 1 1, 1995.



104




'EU Seo Wave 4ew YoA Tima, May S.
I99S. Yan>ii
local 30-member gang of extreme
rightist youths stormed a high school
graduation ceremony shouting
"Deutschland fOr Deutschen" (Ger-
many for theGermans). The gang beat
up pupils and teachers and engaged in
vandalism.

Marc Hiher, "How ugly are we Really 7"
Waihingun Poo. May 14, 1995. 'GennaD
potice ooD/iaaDed for raoJS vioknce and 111-
bcaancni," A(cdcc Fnnoe Preaae, May 16.
1995. llie Week in Gennany. May 19. 1995;
Enc Geifcr, "Vioteace Giowi n Gennan
SdxwU." San Franciaco Chnnide, May 3,
1995. tiUxm: Kurds are ooi tafe anywhere in
Ttukey," TUi Week in Gcimny, May 5.
1995.

British Immigration
Crackdown

Home Secretary Michael Howard
has proposed new powers for public
officials to investigate claims of sus-
pected illegal immigrants who use pub-
lic services, such as health and hous-
ing. The pioposals would allow the
Home Office's Immigration and Na-
tionality [)epaninent to reveal confi-
dential details of immigration cases to
other officials. Government depan-



105



ments and local authority staff would
be encouraged to exchange infonna-
tion with immigration ofFicials rou-
tinely.

The majority of the 34,000 asylum
applications since 1994 are not genu-
ine, according to the Home Oflice.

Another proposal by the Social Se-
curity Secretary would detain thousands
of asylum seekers in camps and cut
welfare benefits while claims are being
considered The plan would also speed
up the asylum process. Similar camps
have been set up in Holland, Germany,
Norway and Spain. The British Home
Office has expressed concern about
whether there would be a cost savings.
Most asylum cases take about 32 weeks
to process and there is a backlog of
55,000 cases.

A bill to make it illegal to employ
undocumented immigrants was passed
by the House of Commons with a ma-
jority of nine votes. Although not ex-
pected to become law, there is specula-
tion that Howard will introduce a simi-
lar measure in his package of immigra-
tion reforms in the nextQueen'sSpeech.
In Britain, it is illegal to harbor illegal
immigrants, but it is not illegal to em-
ploy them.

Howard is determ ined to close loop-
holes in UK immigtatioa laws and to
streamline the procedures for dealing
with asylum-seekers. About 80 per-
cent of all asylum applications are re-
jected -and 80 per cent of appeals are
also turned down.



Pml Eastluai, "Lock -up in camp« for the
mitram cbuu," I>uly Mail, M>y 29. 1995.
Geoi|C Jones, "Howaid lo doie migna
loopboJei," Diily Tekgnph, May 22. 1995.
Junes } »i"



Online LibraryUnited States. Congress. House. Committee on the JLegal immigration reform proposals : hearing before the Subcommitee on Immigration and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, May 17, 1995 → online text (page 12 of 30)