In a interview with columnist Anthony Lewis in the December 22d issue of the New York Times, Representative Lamar Smith, the Texas Republican chairman of the House Immigration subcommittee, Smith admitted that the INS needs more discretion to avoid harsh results in the more sympathetic cases.
On the whole, however, Smith defended the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”). Anthony Lewis pressed Smith on some of the more controversial sections of the new law.
Lewis asked Smith about the new expedited removal provisions in the new law that allow INS officials to bar anyone they think is entering the country improperly, even if the person possesses a valid visa. The person can be barred from entering the country for five years. Smith said he has visited border checkpoints and actually found the provision is reducing abuses (though this conclusion was not explained).
Smith also defended the new credible fear screening of asylum applicants at the border by immigration officers. Smith stated that the asylum officers are getting good training and are finding the vast majority of people (almost 90%) to have a credible fear.
Smith justified the numerous sections of IIRAIRA which have removed the authority of judges to review INS decisions by stating that “judicial review encouraged many of the people who are in this country illegally” by allowing them to contest their deportations endlessly.
As noted above, Smith did admit that new aggravated felony provisions may be too severe. Anthony Lewis noted the case of Jesus Collado, a Brooklyn resident convicted in 1974 of contributing to the delinquency of a minor for sleeping with his 15 year old girlfriend. Collado received probation and has had no trouble with the law since then. He now has an American wife and three children and due to IIRAIRA is facing deportation from the US. Smith admitted that the case “tugs at your heart” and humanitarian considerations should be taken into account here. Smith commented that greater INS discretion may be warranted.
In a separate interview with Lewis, INS Commissioner Meissner agreed that the new aggravated felony rules can be much too harsh and has requested enforcement officers to use discretion in choosing which cases to bring for deportation. Immigration judges have very little discretion in deportation proceedings under the new law, but the INS can pick and choose which cases it pursues.
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