Washington Pulse -- Alito Record Shows Hard Line on Immigrant Rights

WASHINGTON, D.C.--Much has been made of Supreme Court nominee Judge Samuel A. Alito's record on subjects such as abortion (he is "personally opposed" to it) and his general support for greater presidential power. Alito's view on immigration -- an increasingly polarizing issue in America -- have barely drawn notice.

The case of Fenghu Chang is instructive. In the summer of 1992, Chang, a chief engineer for a large engineering firm owned by the People's Republic of China, led a delegation to the United States. A Chinese security agent instructed Chang to watch the other members of his group and to report any suspicious activity to the Chinese Embassy. Chang began to suspect that several of his colleagues were planning to stay in the United States but, fearing for their safety, did not report his suspicions. Another member of the delegation told Chang he would report on the suspicious activity, and on Chang as well. Noticing Chang's distress, an American engineer advised him to meet with someone Chang later learned was an FBI official.

The FBI official advised Chang that he was in danger and that he should seek political asylum, and that the United States would assist Chang's family. Chang applied for asylum.

In court, Chang testified that he feared prosecution in China because of his prominent position there and his failure to report on other delegates. Since Chang left China, his wife was forced to retire, his passport was revoked and his photo was placed on record at the Ministry of State Security. His sister, a high ranking official in his hometown, warned him not to return because the local security agency was waiting for him. Despite all of this, Chang's request for political asylum was denied by the Immigration and Naturalization Service. The immigration judge ruled that Chang did not face persecution "for any political opinion" and that Chang had only shown a "subjective fear...of either losing his job or being prosecuted for a failure in his responsibility."

Fortunately for Chang, the Third Circuit Court of Appeals reversed the INS ruling in 1997, calling it a "somewhat Delphic oral opinion." There was one dissenting opinion that would have sent Chang back to China and most certainly to prison. It was issued by Alito.

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