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Click for more articlesINS COMMENTS ON ASYLUM APPLICATIONS FOR SOVIET JEWS AND SOUTHEAST ASIANS

In 1989, the US Congress passed legislation known as the Lautenberg Amendment which established special procedures for handling refugee applications from nationals and residents of certain countries. Jews from the former Soviet Union are one of the groups that benefit from the legislation. Normally, a refugee is defined as a person who is unable or unwilling to return to his country of origin "because of persecution or well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." Persons in the US can apply for asylum status if the US Attorney General determines that the applicant meets the same definition of the term "refugee."

The Lautenberg Amendment eases evidentiary requirements for proving refugee status. The applicant only needs to assert a fear as described above and assert a credible basis for concern about the possibility of such persecution. Normal refugee applicants must submit substantial supporting evidence to prove refugee status.

Since the law was passed, the question of whether the Lautenberg Amendment governs asylum applications in addition to refugee applications has not been clearly answered. In an October 6, 1995 opinion, the INS ruled that the Lautenberg Amendment does not apply to asylum applications. The ruling was based on the INS' opinion that Congress did not intend the provisions to extend to asylum applications as well as refugee applications.

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