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Remembering Senator Kennedy and the Refugee Act of 1980: a Benevolent Force of Nature

 

We thank my colleague Mark Zecca, a former staffer for the U.S. House Judiciary Committee, for sharing this personal account of Senator Kennedy's extraordinary contributions to the advancement of human rights:  

When I saw the breaking news in the early hours yesterday morning about Senator Kennedy's death, I thought of the refugees around the world as just one of the many human causes that commanded Kennedy's attention.

I had the privilege of working on the US House Judiciary Committee staff starting in 1977 and one of my first assignments was US refugee legislation.  In the Senate, the leader on these issues was Ted Kennedy. Kennedy took a personal interest in immigration and refugee legislation as he did with many other subjects for the Senate Judiciary Committee. However controversial he was over the years, he had come to genuinely know many legislative subjects right down to the details. Senators are known for their reliance on staff, but I could see that Kennedy, even with no staff present, was personally comfortable with the subjects. The staff members he did hire were excellent. He set the policy and delegated authority effectively. On a break he could easily launch into a discussion of the details of health care or other subjects.

He had a knack for keeping his eye on the main goal and marshalling support. As controversial as he was at times, he was able to return the focus of debate to the ideals at issue and to inspire people to act on them. His allies found that his charisma, knowledge and skill frequently caused them to defer to him. With many Senators, you never quite know where their direction is, but you knew with Kennedy. He might take detours and change pace, but the goals were there.

  

He then was able to negotiate with the other side very effectively. As emphatic and sincere as he was about the causes he believed in, he was also the greatest at delivering compromises that could command bipartisan support. He had the backing of his allies, and he could compromise with his opponents. I thought that one of his secret talents was his ability to combine a constant drive for a fairer world with a respect for institutions and traditions and the general public that enabled him to build bridges and made him more conservative in some respects than others thought.

 

With Kennedy leading the Senate and with our Committee leading the House, one of the major accomplishments was developing and enacting the Refugee Act of 1980 in a collaborative effort with both Houses accepting major positions from the other. This created the first statutory right of asylum in the US and created the first comprehensive policy and the first comprehensive process for the admission of refugees from throughout the world. This not only advanced the cause of human rights and provided humanitarian assistance, but enabled the US to be more strong and effective in responding to refugee emergencies and advancing foreign policy. 

 

The legislation has been the most effective and enduring immigration legislation in US history creating a flexible framework for the admission of refugees from throughout the world, providing support for their resettlement, promoting their becoming new contributing Americans and providing reimbursement for States and local governments. By its flexible framework, this legislation also points out the solutions to comprehensive immigration reforms that the nation needs now. 

 

In creating a flexible framework for the admission of refugees, which has saved lives and made American stronger, Ted Kennedy was following in the footsteps of President Kennedy who had aided refugees effectively in our national interest and advised that similar policies be adopted in the future. But, as he had done on many other issues, Ted Kennedy expanded the work of his older brother by helping to save refugees from every corner of the globe.

 

There is no question in my mind of the sincerity of his commitment, but unlike many with commitment, he was able to channel that commitment into repeated considerable and lasting legislative achievements

 

-- Mark Zecca, Esq., The City of Philadelphia Law Department

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