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Rep Zoe Lofgren Statement on Immigration Reform and House GOP Hearing on Alleged Fraud in U.S. Asylum Programs

February 11, 2014

Rep Zoe Lofgren Statement on Immigration Reform and House GOP Hearing on Alleged Fraud in U.S. Asylum Programs

WASHINGTON, D.C. – Rep. Zoe Lofgren (D-CA), the leading Democrat on the House Judiciary Immigration and Border Security Subcommittee, delivered the following statement during a subcommittee hearing today titled "Asylum Fraud: Abusing America's Compassion?":

Statement as delivered (click here for video):

Thank you Mr. Chairman [Gowdy]. Iappreciate your comments recognizing the importance of the asylum system.

America really stands as a beacon of hope and freedom around the world. And part of being that beacon of hope and freedom is our refugee program and our asylum program.

Really, if you think back to the origins of the current asylum program, it was really put into shape after World War Two. When, much to our continuing shame, the United States turned away Jewish refugees who were fleeing Hitler who were then returned to Germany, and who died in concentration camps. That was a wakeup call to the world, and to the United States, and we put in place our asylum system.

Recently there has been discussion of broad immigration reform and I was encouraged that there might be some opportunity to move forward on a bipartisan basis. I still have that hope. But there's been concern expressed about immigration reform and the President which I think is quite misplaced since the President has removed 2 million people in his first five years in office, more than President Bush removed in his eight years in office and there is vigorous enforcement of the immigration laws.

But I also think that there is concern, and I've discussed this withthe Chairman, and I think I understand the origin with the title of this hearing and the allegation—not by the Chairman, but by some—that this is a system racked with fraud.

Recently the Washington Times did a report citing an internal assessment of the asylum system prepared by USCIS—but the report was from 2009—and they said that the "Audit finds the asylum system rife with fraud."

That is actually a gross mischaracterization of the USCIS assessment, and the odd thing is that the 2009 report was actually an assessment of what was going on in the year 2005, a number of years before President Obama was actually elected president.

SoI think it's important that we deal with the facts. Certainly the asylum system is not perfect—no system is that we as people can design. We always want to improve our situation, but we need to also recognize that the systems in place in 2005 are not the same as today.

We need to get the facts out and recognize that the USCIS has done a great deal since 2005 to combat fraud, including: (1) placing fraud detection officers at all asylum offices; (2) placing fraud detection officers overseas to aid in overseas document verification; (3) hiring document examiners and increasing the capacity to do forensic testing of documents; (4) providing its officers access to numerous additional databases to assist in fraud detection; and (5) entering into additional information-sharing agreements with foreign governments to combat fraud.

I am happy to support smart changes that further assist USCIS to eliminate fraud and advance its mission to assess asylum claims in a fair and timely manner. These changes, I think, could include:

  1. hiring additional asylum and fraud detection officers to reduce backlogs, balance workloads, and expand the infrastructure for investigating potential fraud in asylum applications;
  2. dedicating additional personnel and resources to overseas document verification so that all investigative requests are completed in a timely manner;
  3. taking steps to ensure ICE actually investigates referrals from USCIS fraud detection officers concerning asylum fraud;
  4. ensuring that ICE and DOJ dedicate appropriate resources to fully prosecute persons and groups that defraud the immigration system; and finally:
  5. assisting USCIS to expand training with respect to detecting and investigating fraud in asylum and other immigration applications.

But we should make these changes—not with our hair on fire—but because as we address abuse, we must also address the many ways that the current system fails to protect legitimate and vulnerable refugees.

We must ensure, for example, that our immigration courts are properly staffed and resourced. As funding for enforcement skyrocketed in recent years, funding for the courts lagged far behind, leading to massive backlogs. These delays both increase the potential for fraud and prevent timely protection for legitimate refugees. Adequate resources are essential for maintaining the integrity and effectiveness of the system.

I also think we should reconsider the one-year filing deadline, which is barring bona fide refugees from receiving asylum while undermining the efficiency of the asylum system. The deadline doesn't bar cases because they are fraudulent; it bars them based on the date they are filed, regardless of the applicant's claim. And we certainly know of cases – such as a Christian woman who was tortured and abused whose valid claim was denied because of this arbitrary standard. We need to take a look at that.

Our country can strengthen the integrity of its immigration system and also provide asylum to refugees in a timely, fair and efficient manner. This fair and balanced approach is consistent with this country's values and commitments and I believe it's something all of us on this committee can embrace. Certainly none of us want to have a fraudulent situation, but we do want to maintain our nation's status as a beacon of light and freedom in the world.

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Click here for video of Rep. Lofgren's Statement

Issues:Immigration
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