Anti-terror legislation

"Anti-terrorism" legislation in Congress

Washington Office provides information on anti-terrorist bills now in Congress, and their impact on immigrants

10/9/01

AFTERMATH OF SEPTEMBER 11 - Anti-Terrorist Legislation Introduced in the House.

The information below is from the National Immigration Forum in Washington, DC.

NOTE: This material also includes:

Anti-immigrant Backlash - Useful information in dealing with hate crimes and harassment

Detention - New regulation allows for longer detention of immigrants without charge

[10-9-01]

On October 2, the Administration introduced the "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001" (H.R. 2975). Previous drafts of this bill had been widely reported in the press. The current version is the result of a week of negotiations between Democrats and Republicans, who sought to make the bill more reasonable prior to introduction. In particular, the bill represents a compromise between the very conservative Chair of the Judiciary Committee, James Sensenbrenner (R-WI), and the very liberal ranking minority member, John Conyers (D-MI).

Immigration-related security provisions of the bill, as introduced, would:

	Change the definition of terrorist activity, to include the use of weapons other than explosives and firearms.
	Make an alien inadmissible and removable for supporting an organization designated as a terrorist organization (by the State Department). Earlier drafts of the bill were more sweeping in what might be considered a terrorist organization.
	Provide for the detention of someone suspected to be connected with terrorism for seven days without charge. After seven days, the individual must be charged with a crime or an immigration offense, or must be released. Previous versions of the bill would have allowed for indefinite detention without charge. This provision, if passed, would supercede the recently-published regulation that gives the INS two days to charge someone being held or "an additional reasonable period of time" (see below). The seven-day limit would not guarantee a person's release, only that they be charged with something.
	Provide that the Attorney General or the INS Commissioner ONLY may certify that an alien is a terrorist if the Attorney General has "reasonable grounds to believe" so. Previous versions of the bill would have allowed the AG to detain someone if he "believed" someone to be a terrorist, with no need to provide evidence. The bill allows for judicial review of the certification and detention in the U.S. District Court for the District of Columbia.
	Allow the government, if the Attorney General has "reasonable grounds to believe" that an alien is a terrorist, to seek information from the alien's government in the course of a determination on the alien's application for asylum.
	Authorize funds to triple the size of the Border Patrol on the northern border and the number of inspectors at ports of entry on the northern border.
	Direct the Justice Department to provide access to information in the National Crime Information Center to the State Department and the INS for the purpose of determining whether someone seeking admission to the U.S. has a criminal history record.

In addition to these measures, a number of provisions are included in the bill to provide relief to immigrants who were victims or related to victims of the September 11 attacks. Those provisions would:

	Make intending immigrants eligible for permanent residence through the special immigrant program if the alien's family petitioner was killed or disabled as a result of the attack. The same benefit would apply to immigrants with a business sponsor if the business was damaged or destroyed. Spouses and children of the beneficiary would also benefit.
	Provide an additional year of status, and work authorization to lawfully present nonimmigrants who were disabled as a result of the attacks. Their children and spouses would receive the same benefit.
	Provide additional time for non-immigrants to file for an extension or change of status, or to depart from the U.S., if they were prevented from doing so as a result of the attack.
	Give additional time to winners of the visa lottery if, as a result of the attack, they were prevented from entering the U.S. prior to September 30, 2001.

There are several other breaks provided for groups of immigrants who may have been affected by the attack.

Amendments in the House In the Judiciary Committee "markup" on October 3rd, the following amendments were accepted by the Committee:

	Those authorized to certify an alien is a terrorist would be the Attorney General and the Deputy Attorney General (striking the INS Commissioner from this authority). (This is the first step in triggering the new detention and due process provisions in H.R. 2975 related to aliens suspected of terrorist ties.)
	The section permitting the U.S. government to disclose to a foreign government that an alien has applied for asylum was struck. Letting a foreign government know that someone who has been affiliated with, or a resident of, that country is now asking for protection in the United States could have severe adverse effects on that individual's family or associates still living in the foreign country--or on the individual if he or she is returned to that country. Disclosure of an individual's request for asylum is not necessary to fully investigate the credible fear claim.
	Additional fees are authorized to be levied on student visa recipients who come from countries that have sponsored international terrorism in the past. (For perspective, according to the American Immigration Lawyers Association, in 2000 there were 6,107 students from Pakistan, 1,185 from Iran, 641 from Syria, 112 from Iraq, and 110 from Afghanistan.) Also, the amendment would move up implementation of INS's automated student tracking system.
	To comport with the recent Supreme Court decision regarding the indefinite detention of removable aliens whose home country will not accept their return, there was an amendment requiring the release of the alien after six months if he is not serving a sentence for a criminal violation, cannot be deported to another country, and does not endanger the national security of the United States or the safety of any person or community.
	An amendment to deny visas to money launderers.
	A technical amendment regarding activities on the Northern Border.

Action in the Senate

In the Senate, Chair of the Judiciary Committee, Patrick Leahy (D-VT), has been negotiating directly with the Administration. There are reports that a deal has been worked out, and as a result consideration of the bill may by-pass Judiciary Committee consideration and go directly to the Senate Floor, probably during the week of October 8.

More Legislation Expected

The Administration's bill may represent just the first wave of legislation to appear in the wake of the September 11 attacks. As is the case in a crisis, many members of Congress feel the need to "do something," and that is not the best climate in which to enact thoughtful legislation. In addition, there are plenty of foes of immigration who are ready to recast their restrictionist agenda in anti-terrorist language.

In the category of those who feel they need to "do something," Senator Dianne Feinstein (D-CA) has been working on a far-reaching proposal cracking down on all international students. These students represent less than 2% of U.S. visa holders annually (according to 1999 INS statistics), and most of the alleged actors in September 11's terrorist attacks did not enter the U.S. through this route. Still, Senator Feinstein believes our security will be measurably improved by imposing a six-month moratorium on the issuance of student visas. Once the moratorium was lifted, Sen. Feinstein would have students apply through the INS for their visas. (Student visas are currently obtained through the State Department.) The result would no doubt significantly magnify INS's already formidable backlog problem. Her proposal would also fund full implementation of the INS' electronic foreign student tracking system as well as the expansion of such a system to include all other non-immigrant visa holders. Additional tracking measures are included. This proposal would go a long way towards isolating the U.S., but not necessarily the terrorists.

Senator Christopher "Kit" Bond (R-MO) is planning legislation to toughen enforcement of visa deadlines, and other measures related to the issuance of visas. He proposes the creation of a new Visa Control Office within the INS to locate, track, and apprehend foreign visitors who overstay their visas, a 30-day waiting period abroad for visa applicants to give consular officers adequate time to perform background checks, the design and implementation of a tamper-proof non-immigrant visa, more stringent standards for participation in the visa-waiver program, and a variety of other information sharing and visa security measures.

The restrictionist side is most forcefully represented these days by Representative Tom Tancredo (R-CO), self-styled head of the Immigration Reform Caucus in the House. He is calling for much tighter border controls, and has a long-standing immigration moratorium proposal which has recently been mentioned in some press reports.

When Congress reconvenes in 2002, we anticipate a new round of immigration-related proposals. Our job will be to make sure that any proposals that are seriously considered are measured, balanced, and do the job we need done: make us safer as a nation without unnecessarily cracking down on the rights and opportunities of law-abiding, decent members of society, foreign-born or not.

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ANTI-IMMIGRANT BACKLASH -

Useful Information in Dealing with Hate Crimes and Harassment

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While Americans in general have done a remarkable job of coming together in the wake of the terrorist attacks of September 11, there has been a small minority of Americans who have vented their anger on Arab Americans, Muslims, Sikhs, and others. There have been scores of incidents of harassment, physical injury, and even murder. Law enforcement scrutiny of the Arab American community has been intense.

In light of the rise in hate crimes against Arab Americans and others who just look vaguely like the terrorists of September 11, the U.S. Commission on Civil Rights has established a hotline for reports of hate crimes against Arab American, Muslim and South Asian American victims of violent incidents. The hotline number is 800-552-6843.

The American Arab Anti Discrimination Committee (ADC) has put up on their website (http://www.adc.org/) a wealth of information on Arab Americans and Islam, including a list of experts on Arabs, the Middle East, and Islam; a list of 100 questions and answers about Arab-Americans; advice for parents and educators; and other material. In light of the increased police monitoring of Arab Americans, they have a "Know Your Rights" publication on their site. (This document was written by the National Lawyers Guild, and is also available on their website.) ADC is also monitoring hate crime incidents against Arab Americans. An incident report can be obtained from their website.

The National Asian Pacific American Legal Consortium (NAPALC) also has a section on their website devoted to the aftermath of September 11, and to the rise in anti-Asian violence. Information they have posted, including links to their affiliates who have additional information, can be found at: http://www.napalc.org/programs/antiviolence/issues/Terror Attacks/inde x.html.

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DETENTION -

New Regulation Allows for Longer Detention of Immigrants Without Charge

On September 20, the INS published an interim rule giving the Service more time to hold immigrants in detention without charging them. Prior to the interim rule, which became effective September 17, the INS by its own regulation could hold someone for 24 hours before filing a charge against them for some immigration or criminal violation. The current rule extends that period to 48 hours "except in the event of an emergency or other extraordinary circumstance in which case a determination will be made within an additional reasonable period of time." Information accompanying the interim rule states that the INS may often require the additional time "to establish the alien's true identity, to check domestic foreign, or international databases and record systems" and to check with other law enforcement agencies and in the U.S. and abroad. Comments are due on November 19, 2001. The interim rule may be found on the Federal Register website at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname 01_register& docid -23545-filed

The legislation passed by the House Judiciary Committee would supercede this regulation, once enacted.