MR. BROWNBACK. Mr. President, I am pleased that we are voting on the final passage of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.
I commend my colleagues, especially Chairman Cochran, for working diligently to see that the Senate act quickly to address the needs of our troops in Iraq and Afghanistan and emergency humanitarian needs worldwide. Americans everywhere are grateful for the efforts of our troops who fight on the front lines of the War on Terror. They have made personal sacrifices for the liberty of all Americans, and we must support them by providing them with the very best equipment.
The Conference Report includes much needed funding for humanitarian assistance in areas of the world devastated by famine, disaster and war.
I am especially pleased that we have provided $90 million for International Disaster and Famine Assistance for Darfur, Sudan and other African countries including Ethiopia, Liberia, Uganda, and the Democratic Republic of Congo. The situation in Sudan remains dire and there are several other countries in the region who will also greatly benefit from these funds.
The Conference Report also includes necessary peacekeeping dollars that will address the security needs of millions of oppressed people. First, it provides $50 million in funding for the African Union mission in Darfur. It is the experience of many on the ground in Darfur that atrocities do not occur when AU troops are present, and this funding should facilitate an expansion of their mission. I thank my colleagues Senators Corzine, DeWine, Durbin, Leahy and McConnell for their tireless work to get this money included in the bill. Security is paramount to ensuring an end to the violence that persists in Sudan, killing an estimated 15,000 people per month.
Second, the Conference Report directs $680 million to general peacekeeping operations in other war torn areas worldwide. The United States' contributions to these missions is important to security and stability on a global level.
I commend the inclusion of $5 million for assisting internally displaced persons in Afghanistan and $120.4 million for Migration and Refugee Assistance for worldwide refugee protection and for the President to meet his goals for refugee admissions this year.
While all of these earmarks will provide much needed protection and assistance to the world's poorest and oppressed people, I am extremely disappointed that the Darfur Accountability Amendment was stripped in conference. The Amendment which was included by the Senate, would have placed targeted sanctions in the form of a travel ban and asset freezes on individuals who are committing war crimes and crimes against humanity in Darfur. It would also have directed the Administration to pursue certain policies at the UN, including multilateral sanctions and an arms embargo against Sudan as well as the establishment of a no-fly zone over Darfur.
I appreciate my Senate colleagues' support of this measure and look forward to working together to move this as stand-alone legislation in the near future. It is my hope that the Administration will publicly address their concerns with this bill so that we may move swiftly to enact the very important provisions that will help alleviate the ongoing genocide.
Mr. President, I am also disappointed that such sweeping immigration provisions were included in this bill without adequate debate or scrutiny. What concerned me most of all about the Real ID bill is that it undermines America's moral authority by turning away legitimate asylum seekers fleeing tyranny. This language was added based on a claim that our asylum system can be used by terrorists to enter the country. This is not the case.
However, I would like to thank my colleague Chairman Specter for working diligently to successfully soften some of the harsher language in the asylum provisions. As originally drafted, the "Real ID Act,"
would have created significant and additional barriers for refugees fleeing persecution to obtain asylum.
REAL ID would have greatly increased a refugees' burden of proof to establish their eligibility for asylum. At the whim of an immigration judge's discretion, refugees would be required to produce corroborative evidence of their claims of persecution or prove that the central intent of their persecutors was to punish them for their race, religion or political beliefs even in cases where the refugee's testimony was already credible.
The facts are quite obvious: persecutors are not going to issue official documents explaining their actions. In addition, proving the mindset of those who carry out killings, torture and other abuse is next to impossible. Even if this were possible, those who flee a country often times don't have time to gather up the proper documentation they may later need in an American immigration court.
The incorporated revisions would make an immigration judge take into account the totality of the circumstances when evaluating an applicants claim and would not be able to discard a claim for subjective reasons.
I want to clarify that the triers of fact must consider all relevant factors and base any adverse credibility determinations on a consideration of all of those factors. The findings must be reasonable.
It would not be reasonable to find a lack of credibility based on inconsistencies, inaccuracies or falsehoods that do not go to the heart of the asylum claim without other evidence that the asylum applicant is attempting to deceive the trier of fact.
I also understand that when assessing demeanor, triers of fact must take into consideration the individual circumstances of the asylum applicant, such as his or her cultural background, educational background, gender, state of mind, history of trauma, and other factors.
I remain concerned about how the asylum provisions will affect the adjudication of claims by children. Adjudicators cannot realistically hold these children to the same burden of proof and standards of persuasion as adult asylum-seekers. For example, children reasonably cannot be expected to pinpoint a central motive of persecution and provide corroborating evidence of their persecution.
I conclude by pointing out that applications for asylum have fallen from 140,000 to just over 30,000 per year, and the numbers of those who are actually granted asylum has fallen to about 10,000 per year. Individuals fleeing persecution must already meet a high burden of proof and undergo intensive security measures to obtain asylum.
While I recognize the importance of security in the post-9-11 environment, I am committed to ensuring legitimate asylum seekers a haven without imposing unrealistic barriers.
In addition to the asylum revisions, I am extremely pleased that we were able to secure the repeal of the arbitrary 1,000 annual cap placed on refugees fleeing Coercive Population Control. This, along with the lifting of the asylum adjustment cap, will enable those who have fled persecution, including forced abortions, to become legal permanent residents and enjoy the security and benefits that go along with that status.
Mr President, the importance of the Supplemental bill is not to be understated. Our troops are valiantly protecting human freedoms and deserve our support. The humanitarian crises around the world resulting from natural disasters like the tsunami and resulting from human rights atrocities like genocide, can not be ignored by a country like ours. I thank my colleagues for working to get this bill to the President.
I commend my colleagues, especially Chairman Cochran, for working diligently to see that the Senate act quickly to address the needs of our troops in Iraq and Afghanistan and emergency humanitarian needs worldwide. Americans everywhere are grateful for the efforts of our troops who fight on the front lines of the War on Terror. They have made personal sacrifices for the liberty of all Americans, and we must support them by providing them with the very best equipment.
The Conference Report includes much needed funding for humanitarian assistance in areas of the world devastated by famine, disaster and war.
I am especially pleased that we have provided $90 million for International Disaster and Famine Assistance for Darfur, Sudan and other African countries including Ethiopia, Liberia, Uganda, and the Democratic Republic of Congo. The situation in Sudan remains dire and there are several other countries in the region who will also greatly benefit from these funds.
The Conference Report also includes necessary peacekeeping dollars that will address the security needs of millions of oppressed people. First, it provides $50 million in funding for the African Union mission in Darfur. It is the experience of many on the ground in Darfur that atrocities do not occur when AU troops are present, and this funding should facilitate an expansion of their mission. I thank my colleagues Senators Corzine, DeWine, Durbin, Leahy and McConnell for their tireless work to get this money included in the bill. Security is paramount to ensuring an end to the violence that persists in Sudan, killing an estimated 15,000 people per month.
Second, the Conference Report directs $680 million to general peacekeeping operations in other war torn areas worldwide. The United States' contributions to these missions is important to security and stability on a global level.
I commend the inclusion of $5 million for assisting internally displaced persons in Afghanistan and $120.4 million for Migration and Refugee Assistance for worldwide refugee protection and for the President to meet his goals for refugee admissions this year.
While all of these earmarks will provide much needed protection and assistance to the world's poorest and oppressed people, I am extremely disappointed that the Darfur Accountability Amendment was stripped in conference. The Amendment which was included by the Senate, would have placed targeted sanctions in the form of a travel ban and asset freezes on individuals who are committing war crimes and crimes against humanity in Darfur. It would also have directed the Administration to pursue certain policies at the UN, including multilateral sanctions and an arms embargo against Sudan as well as the establishment of a no-fly zone over Darfur.
I appreciate my Senate colleagues' support of this measure and look forward to working together to move this as stand-alone legislation in the near future. It is my hope that the Administration will publicly address their concerns with this bill so that we may move swiftly to enact the very important provisions that will help alleviate the ongoing genocide.
Mr. President, I am also disappointed that such sweeping immigration provisions were included in this bill without adequate debate or scrutiny. What concerned me most of all about the Real ID bill is that it undermines America's moral authority by turning away legitimate asylum seekers fleeing tyranny. This language was added based on a claim that our asylum system can be used by terrorists to enter the country. This is not the case.
However, I would like to thank my colleague Chairman Specter for working diligently to successfully soften some of the harsher language in the asylum provisions. As originally drafted, the "Real ID Act,"
would have created significant and additional barriers for refugees fleeing persecution to obtain asylum.
REAL ID would have greatly increased a refugees' burden of proof to establish their eligibility for asylum. At the whim of an immigration judge's discretion, refugees would be required to produce corroborative evidence of their claims of persecution or prove that the central intent of their persecutors was to punish them for their race, religion or political beliefs even in cases where the refugee's testimony was already credible.
The facts are quite obvious: persecutors are not going to issue official documents explaining their actions. In addition, proving the mindset of those who carry out killings, torture and other abuse is next to impossible. Even if this were possible, those who flee a country often times don't have time to gather up the proper documentation they may later need in an American immigration court.
The incorporated revisions would make an immigration judge take into account the totality of the circumstances when evaluating an applicants claim and would not be able to discard a claim for subjective reasons.
I want to clarify that the triers of fact must consider all relevant factors and base any adverse credibility determinations on a consideration of all of those factors. The findings must be reasonable.
It would not be reasonable to find a lack of credibility based on inconsistencies, inaccuracies or falsehoods that do not go to the heart of the asylum claim without other evidence that the asylum applicant is attempting to deceive the trier of fact.
I also understand that when assessing demeanor, triers of fact must take into consideration the individual circumstances of the asylum applicant, such as his or her cultural background, educational background, gender, state of mind, history of trauma, and other factors.
I remain concerned about how the asylum provisions will affect the adjudication of claims by children. Adjudicators cannot realistically hold these children to the same burden of proof and standards of persuasion as adult asylum-seekers. For example, children reasonably cannot be expected to pinpoint a central motive of persecution and provide corroborating evidence of their persecution.
I conclude by pointing out that applications for asylum have fallen from 140,000 to just over 30,000 per year, and the numbers of those who are actually granted asylum has fallen to about 10,000 per year. Individuals fleeing persecution must already meet a high burden of proof and undergo intensive security measures to obtain asylum.
While I recognize the importance of security in the post-9-11 environment, I am committed to ensuring legitimate asylum seekers a haven without imposing unrealistic barriers.
In addition to the asylum revisions, I am extremely pleased that we were able to secure the repeal of the arbitrary 1,000 annual cap placed on refugees fleeing Coercive Population Control. This, along with the lifting of the asylum adjustment cap, will enable those who have fled persecution, including forced abortions, to become legal permanent residents and enjoy the security and benefits that go along with that status.
Mr President, the importance of the Supplemental bill is not to be understated. Our troops are valiantly protecting human freedoms and deserve our support. The humanitarian crises around the world resulting from natural disasters like the tsunami and resulting from human rights atrocities like genocide, can not be ignored by a country like ours. I thank my colleagues for working to get this bill to the President.