Human Rights First strongly condemns House passage of the REAL ID Act (H.R. 418) as a severe blow to this country’s historic commitment to protect those seeking a safe haven. The final bill includes new language, added by House Judiciary Committee Chairman James Sensenbrenner (R-WI) in the eleventh hour, which removes due process safeguards and places refugees at greater risk of being deported back into the hands of their persecutors.
"This bill is an affront to fundamental American principles of fairness and due process," said Cory Smith, Legislative Counsel for Human Rights First.
The final legislation not only expands an immigration judge’s ability to deny asylum based an applicant’s lack of eye contact, but it also permits an immigration judge to deny protection to a woman who was raped by soldiers for her religious beliefs if she is unable to tell an armed male airport inspector about the rape, but later tells the judge. The bill would also allow this woman to be deported back into the hands of her persecutors even though her asylum claim is still pending before a U.S. federal court.
"Any remedy realized by this refugee in the federal appeals process will be way too late, for she would have already been sent back into the hands of her persecutors to be imprisoned, tortured, or killed," added Smith.
Though the bill passed with a 261-161 vote margin, it did not pass without significant opposition. Rep. Nadler (D-NY) and Rep. Meek (D-FL) offered an amendment that would have removed some of the most extreme anti-asylum language from the bill. Several members from both sides of the aisle, including Rep. Chris Smith (R-NJ) and Rep. Barney Frank (D-MA), urged other members to vote against the anti-asylum provisions because it would slam America’s doors to those fleeing religious persecution and return them to torture or death. Unfortunately, the amendment to strike the anti-asylum provision was defeated, yet it drew the support of 10 Republicans.
Proponents of the bill continue to justify the legislation in the name of national security. Yet the REAL ID Act is a hollow attempt to ensure America’s security. Instead, it harms the most vulnerable—those fleeing repressive regimes—while doing little to make our nation safer.
"Recently, when speaking about immigration and our borders, President Bush admonished the American public to remember that "family values do not stop at the Rio Grande River," Smith noted. "Family values do not stop there, nor do they stop in Boston, Atlanta, Miami, Seattle, Los Angeles, or, most importantly, in Washington, D.C. When these individuals and their families face torture or death, when their claims are credible, when they have cleared exhaustive security checks, America should be opening her doors—not closing them."
Rep. Sensenbrenner is expected to attach the REAL ID Act to the first ‘must pass’ piece of legislation, either the Iraq supplemental or Tsunami aid relief bill. Human Rights First will continue to work with a coalition of human rights groups, faith-based organizations, civil liberties groups and a bipartisan group of Congressional leaders to defeat the anti-asylum provisions in this legislation.
