[10-3-01]

This is an urgent Action Alert distributed to the Civil Rights and Religious Liberties issue network, written by Jenny Lin of the Washington Office, Presbyterian Church (USA).

ISSUE. The terrorist attacks of September 11, 2001 have generated a wave of anti-terror security measures. One of the first pieces of legislation to approach the floor is the anti-terrorism bill. Unfortunately, it has a number of flawed provisions, especially as it changes U.S. immigration policy. The proposed legislation allows the Attorney General to designate an alien as a "certified" alien, without a judicial review. A certified alien could be subject to removal and indefinite detention. There could be a vote as early as next week.

ACTION. Write or call your Senators and Representatives, asking that they urge members of the House and Senate Judiciary committees to closely review the anti-terrorism legislation. (You will find their contact information at www.senate.gov or www.house.gov.) You may also reach them by phone by calling the Capitol Switchboard at 202-456-3121. In your phone calls and letters, please emphasize the importance of:

1. Following standard procedure, and evidence, before declaring someone a terrorist;

2. Allowing judicial review of all persons detained, and giving them a limited period of detention.

BACKGROUND. In the aftermath of September 11, Attorney General Ashcroft proposed legislation that includes expanding the authority of the Immigration and Naturalization Service (INS). The language of the proposed legislation has raised concerns, both in congressional hearings and among the civil liberty advocacy community. Some of the concerns regarding the anti-terrorist legislation are as follows:

1. Certification of aliens
2. Lack of judicial review
3. Conclusive presumption of removability and mandatory detention for aliens certified
4. Super retroactivity
5. Racial profiling

According to the proposal, while a "certified alien" is subject to U.S. anti-terrorist criminal procedures, he or she will have a restricted judicial review, or chance for appeal. Judicial review of the detention of "suspected terrorists" is available only by habeas corpus in the United States District Court in the District of Columbia, and only after issuance of a final order of removal. For those who had been granted political asylum and, thus, cannot be deported, the Attorney General would still be able to detain the immigrants by certification. Without a final order of removal, the immigrants could face indefinite detention.

Currently, our government has the capability to deport or detain illegal or problematic immigrants. Since September 11, the Department of Justice has detained approximately 400 people in questioning. This legislation will allow the Department of Justice to expand its' authority to individuals who seek asylum in this country as well as to legal permanent residents. The proposal also stated that the recommendation to certification is not reviewable by any court. Evidently, these provisions lack clear standards of evidence and procedures for declaring someone an associate of a terrorist act. Additionally, the enactment of this legislation might generate a wave of xenophobia that result in the imprisonment and deportation of many innocent persons.

GENERAL ASSEMBLY

The 206th General Assembly (1994) of the Presbyterian Church (U.S.A.) adopted the Call to Presbyterians to Recommit to Work and Pray for a Just and Compassionate U.S. Immigration Policy. "As our nation once again considers major changes in its immigration policy, we reaffirm the following principles that have been a part of past General Assembly actions as the basis for measuring proposed changes in the laws of our land. Any immigration policy must:

1. provide for the human needs of refugees and immigrants;
2. assure nondiscriminatory humanitarian aid and application of laws and policies;
3. uphold full constitutional and civil rights for refugees and immigrants as well as U.S. citizens;
4. protect the lives of persons;
5. give special consideration to the needs of women, children, individuals with special needs, and the unification of families, and;
6. combat vigorously any expression of racism either in policies or the implementation of them. "