Monday, May 09, 2005

Asylum For Religious Persecution About to Become More Difficult

The REAL ID Act (H.R. 418) , about to be enacted by Congress, has made the news because of provisions that tighten the rules for the issuance of drivers' licenses. However today the New Jersey Star Ledger reports on another aspect of the bill . It will make it more difficult for immigrants to obtain political asylum based on religious discrimination in their home country. Currently, 8 USC Sec. 1101(a)(42) defines a refugee eligible for asylum as a person who has a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."

Under the propsed new legislation, the asylum-seeker will be required to prove that one of these factors was or will be the central reason for his or her persecution at home. Section 101 of the law will also require that proof of this must be by evidence that is credible, persuasive and which refers to specific facts. Human rights groups have previously criticized strongly these provisions.

The bill passed the House last week (May 5) and is likely to pass the Senate this week, according to US Newswire.