Statement of U.S. Senator Russ Feingold
On Fixing the Problematic Portion of Immigration Law Effectively
Labeling Hmong as Terrorists
March 27, 2007
“I am pleased that a provision included in the supplemental spending
bill will fix a glaring problem in immigration law that effectively
labeled the Hmong as terrorists. We will forever be indebted to the
Hmong who fought alongside and supported the U.S. during the Vietnam
War. While enacting this provision would be a good first step, Congress
needs to do more to ensure that other legitimate refugees, who are not
threats to our national security, do not face lengthy and unnecessary
delays as the federal agencies involved determine whether they are eligible
for a waiver that will permit them to resettle in the United States.”
On February 28th, during a Senate Judiciary Committee Hearing,
Senator Feingold questioned Homeland Security Secretary Michael Chertoff
regarding the issue of Hmong residents residents living in the U.S.
and those applying for refugee status being classified as giving material
support to terrorism under provisions in the REAL ID Act. That transcript
is below.
Partial Transcript of the Senate Judiciary Committee
Hearing On Immigration Reform
February 28, 2007
SENATOR RUSS FEINGOLD: I am pleased that the committee is once again
taking up the critical issue of comprehensive immigration reform. This
issue is too significant to put off; too important to our national security,
to our economy and, most importantly, to the millions of people whose
lives will be affected. We need to secure our borders. We need to fix
our broken immigration laws. And we need to deal with the fact that
there are millions of undocumented individuals in this country. And
we need to do it now.
We also need tough enforcement mechanisms. But we can be strict while
still providing individuals with the type of basic due process and judicial
review that is consistent with the rule of law in our constitutional
system of government. I do sincerely look forward to working with the
committee to report to the Senate floor a bill that takes a pragmatic
and realistic approach to immigration reform.
And I appreciate the support of Secretary Chertoff and Secretary Gutierrez
for comprehensive immigration reform. Secretary Chertoff, good to see
you again. I want to raise the issue of the material support bar in
the immigration law, and in particular, how it relates to the Hmong
population, a number of whom live in Wisconsin.
As you are well aware, many of the Hmong, who fought with or supported
the United States in the Vietnam War, will potentially face denials
or lengthy delays of their applications to become refugees or to adjust
their immigration status here in the U.S. And the reason for this is
the very same reason they are eligible to be resettled to the United
States, that they fought with or supported the United States in the
Vietnam War.
Their applications are put in jeopardy because of changes made to immigration
laws by the passage of the Real ID Act, which defined the term "terrorist
activity" so broadly that it basically covers anyone who has ever
used a firearm. Are you planning to apply a waiver to the Hmong population,
either to those in the United States who are found ineligible for adjustment
of status because of the material support bar provisions, or to those
outside of the United States, who are filing for refugee status.
SECRETARY OF STATE MICHAEL CHERTOFF: I believe I signed a number of
waivers in the last few weeks. I have to confess I don't particularly
remember whether the Hmong were included, but I can get you the answer
to that.
FEINGOLD: Thank you. Please do. Because this is a problem that's been
around for several years. And I'm concerned the department, thus far,
has applied a very limited number of waivers to the material support
bar. Can you give me a sense of what your time frame would be for determining
waiver eligibility for the Hmong?
CHERTOFF: I think I may have done it. The reason I'm hesitant is I
think I may have done it already. But I can't specifically recall. So,
if it's done...
FEINGOLD: My understanding, from my staff, is that it not include the
Hmong at this point.
CHERTOFF: I'll have to look and find out. It just needs to be analyzed.
It shouldn't take a very long time.
FEINGOLD: Well, I was all over my state last week, and this came up
a great deal. It's a matter of great concern. And let me just say, also,
to the degree this problem is statutory, if it is...
CHERTOFF: No, I think we can deal with this. I think the statute gives
us the flexibility. And as I said, I've signed a number of waivers recently.
And I think we can deal with this under the existing law.
FEINGOLD: Well, I'm pleased to hear that. And if that's true, that's
great. If there is some statutory problem, please let me know immediately.
But I appreciate your commitment to work on this matter.
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