|
The USA Patriot Act and Homeland Security Act |
In the aftermath of the September 11, 2001, terrorist attacks, President George W. Bush signed into law sweeping antiterrorism legislation that, among other things, gives law enforcement agencies broad new powers to conduct searches, employ electronic surveillance and detain suspected terrorists. In addition to its law enforcement provisions, the Act preserves certain immigration benefits for noncitizen victims of the September 11 attacks and their families. The bulk of the Act's immigration-related provisions are contained in Title IV.
Several provisions address the protection of the U.S-Canada border, through increased personnel and improved technology for sharing of criminal history data, to be used when an applicant for a visa or for admission has a criminal record. Another set of provisions is intended to strengthen current immigration law to aid in the exclusion and removal of suspected terrorists. Among these are provisions that render inadmissible persons who, as representatives of political, social or similar groups, have publicly endorsed terrorism, persons who have used their positions of prominence in any country to endorse terrorist activity, and persons who have been associated with terrorist organizations and intend to engage in activities that could endanger the United States. Spouses and children of aliens inadmissible for terrorist activities are likewise inadmissible under the Act. The new law also effectively expands the scope of inadmissibility and deportability for persons who intend to or have engaged in terrorist activity by specifying additional types of conduct that constitute "engaging in terrorist activity." The prohibited conduct includes soliciting funds for terrorist organizations, soliciting persons for members in such organizations, or affording material support to such organizations. "Terrorist organizations" include groups designated by the government and undesignated groups of individuals who have engaged in terrorist activities. Another provision renders inadmissible persons involved, directly or indirectly, in money laundering.
The Act also contains several provisions intended to strengthen the ability of law enforcement agencies to detain suspected terrorists. Under the new law, an alien certified as a suspected terrorist by the Attorney General must be detained until (1) the alien is removed from the United States; (2) the alien no longer qualifies for certification; or (3) the alien is determined not to be removable. If a detained alien is determined to be removable but removal cannot be effected and he or she is unlikely to be removed in the foreseeable future, he or she may be detained for additional six-month periods if a determination is made that the release of the alien will threaten national security, or the safety of a community or person. Habeas review is the only mechanism to challenge detention under the new law. All appeals of district court decisions must be filed with the D.C. Circuit.
Other provisions will aid in the identification and tracking of non-citizens in the United States who pose security risks. The Act expresses the sense of Congress that the Attorney General should fully implement the integrated entry and exit data system specified in section 110 of IIRIRA. Another provision requires that all Visa Waiver Program travelers possess a machine-readable passport by October 1, 2003. The USA PATRIOT Act also requires that the foreign student/exchange visitor monitoring program mandated by IIRAIRA be fully implemented. A final set of provisions assist victims of the September 11, 2001, terrorist attacks. One provision provides special immigrant status for certain victims and family members affected by the attacks. Various provisions automatically extend lawful status, filing deadlines and reentry deadlines for individuals affected by the events of September 11th. The USA PATRIOT Act also provides humanitarian relief for surviving spouses and children of individuals who perished as a result of the September 11th terrorist attacks.
Also, to address the growing threat of international terrorism, on November 25, 2002, President Bush signed into law the Homeland Security Act of 2002 (HSA), the largest federal government reorganization in fifty years. The legislation establishes a new Department of Homeland Security (DHS) encompassing the myriad functions relating to border and homeland security that were scattered among several dozen disparate agencies and departments. Under the new Department of Homeland Security legislation, all functions of what was the INS, including enforcement and benefits services, were transferred to the new agency.
Under the express terms of the statute, the DHS's primary mission will be to:
prevent terrorist attacks within the United States;
reduce the vulnerability of the United States to terrorism;
minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;
carry out all functions of entities transferred to the Department, including acting as a focal point regarding natural and manmade crises and emergency planning;
ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by an explicit Act of Congress;
ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; and
monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
See below for a discussion of the new structure of immigration functions within the Department of Homeland Security.
|