"Ibrahim Parlak has been a model immigrant vigorously asserting his right to remain in the United States. He is not a threat to anyone nor a risk of flight."- Judge Avern Cohn

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Below is senator Levin's statement made on the senate floor:

MORNING BUSINESS -- (Senate - April 15, 2005)

[Page: S3730]

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   Mr. McCONNELL. I ask unanimous consent there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.

   The PRESIDING OFFICER. Without objection, it is so ordered.

   IBRAHIM PARLAK

   Mr. LEVIN. Mr. President: I would like to bring my colleagues' attention to a situation facing one of my constituents, Ibrahim Parlak, who, up until a year ago, was living the American dream. After moving to this country in 1991, through hard work and dedication, he worked his way up from being a busboy to owning his own restaurant, Café Gulistan, in Harbert, MI. Mr. Parlak has spent over a decade of hard, honest work and has led an upstanding life with his family and community. However, now, he may be deported.

   Ibrahim Parlak, a Kurd born in southern Turkey, came to the United States seeking asylum in 1991. In his asylum application, Mr. Parlak disclosed that he had been associated with the Kurdistan Worker's Party (PKK) in

[Page: S3731]

the 1980s, that he was involved in an armed skirmish at the Turkish border in 1988, and that he had been imprisoned in Turkey as a result of these facts. In 1992, Mr. Parlak was granted asylum due to the persecution and torture that he suffered at the hands of the Turkish government. The Immigration and Naturalization Service believed that Mr. Parlak had a credible fear of returning to Turkey.

   In 1993, Mr. Parlak wanted to take the next step and become a United States citizen. However, when he filled out his application to become a lawful permanent resident, he did not check a box stating that he had been ''arrested, cited, charged, indicted, fined or imprisoned for violating any law or ordinance, excluding traffic violations,'' in or outside of the United States. Mr. Parlak has stated that due to his limited English skills, he misunderstood the form, and believed that the question related only to his activities since he entered the United States. Again, Mr. Parlak had already given the Government the information surrounding his 1988 arrest and conviction in his earlier asylum application. He had also provided documents at the time of his asylum, in Turkish, that described the Turkish government's view of his association with the PKK.

   Last July, the Department of Homeland Security (DHS) detained Mr. Parlak and DHS is now moving to deport Mr. Parlak, claiming a deliberate misrepresentation of facts. Further, the Department of Homeland Security states that Mr. Parlak has been convicted of an aggravated felony after admission to the United States because, in 2004, the now-disbanded Turkish Security Court reopened his case from 1990 and re-sentenced him for the crime of Kurdish separatism. The ''new'' sentence imposed by the Security Court required less jail time than Mr. Parlak had already served, and the Security Court closed its file on Mr. Parlak. Turkey does not seek his extradition and has, in fact, no interest in his return and will not issue a special passport for that purpose.

   Despite his strong ties to his community and the lack of evidence that he is a flight risk, Mr. Parlak continues to be held in prison without bond. The Department of Homeland Security says that Mr. Parlak is a ''terrorist,'' and therefore cannot be released. This ''terrorist'' designation is based solely on Mr. Parlak's association with the PKK in the 1980s. However, not only did Mr. Parlak outline his involvement with the PKK in his asylum application, at the time Mr. Parlak was associated with the PKK, it was not designated as a terrorist organization. The State Department did not add the PKK to its list of terrorist organizations until 1996.

   I am concerned with the fact that the government continues to detain and is attempting to deport this model immigrant over activities he disclosed in his application for asylum, an application which, again, was granted. While it may be disputed why the box was not checked accurately, it is incongruous to conclude that he was intentionally hiding those facts from the Department of Justice in 1993, when he detailed them explicitly to the Department of Justice in 1991.

   Mr. President, Mr. Parlak is a good man and should be given the chance to remain in the United States and continue the life that he has built for his community, his daughter and himself all these years. Our history is built upon the courage and hard work of immigrants who opposed brutal oppression and fled to our country seeking a new life. Ibrahim Parlak is one of them.

END
 

For the Congressional Record in PDF format click here.
For Senator Levin's statement on the web click here.

The Congressional Record on the governments web site:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_record&page=S3717&position=all
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_record&page=S3730&position=all
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2005_record&page=S3731&position=all

 


"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin