LEGISLATIVE UPDATE

 

Anti-Terrorism Bill Signed Into Law; Enhanced Border Security Act Introduced in House and Senate; Competing Security Proposal Introduced in Congress; Senate Votes Down Restriction on Due Process; INS Reorganization Bill Introduced as Hill Awaits Administration’s Plan; House Passes Airline Security Bill; House Holds Hearings on Student TrackingRecently Introduced Legislation; Upcoming Hearings


Anti-Terrorism Legislation Signed Into Law

On October 26, President Bush signed into law anti-terrorism legislation that includes fundamental changes to our immigration laws. The measure that arrived on the President’s desk for signature went through an unorthodox process.  The final measure voted on the House floor was not the bill that passed unanimously out of the House Judiciary Committee (H.R. 2975), nor was it the bill that was substituted for it for the first floor vote (passing 337-79) as a result of pressure from the Bush Administration. Many House Members complained that they had not had a chance to even read the final bill (H.R. 3162) that the House passed (by a vote of 357 to 66, with 9 abstentions) and sent on to the Senate.

In the Senate, the first vote on this legislation occurred after less than three hours of actual debate.The bill was never considered in the Senate Judiciary Committee and no report was issued explaining its provisions.That version (S. 1510) did not include the amendments (called the Managers’ Amendment) that Senate leaders had delicately finished negotiating just before the vote took place on October 11.Finally, the Senate took up the House-passed version of H.R. 3162 on October 27, passing it by a vote of 98-1. Because of this history, no conference report exists.In place of a conference report, Senators Edward Kennedy (D-MA) and Sam Brownback (R-KS) are drafting a memo to clarify the bill’s immigration provisions.

The new law’s immigration measures are less restrictive than the proposal the Administration earlier had presented to Congress.That proposal would have given the U.S. government sweeping, unchecked powers. It would have allowed indefinite detention, allowed the government to detain individuals without charging them for any crime or any immigration violation, and provided no meaningful opportunity for a hearing to determine the reason for an individual’s detention.Our Congressional allies, led by Representative John Conyers (D-MI) and Senators Patrick Leahy (D-VT), Edward Kennedy (D-MA), and Sam Brownback (R-KS) worked to ameliorate some of the worst provisions of the bill.Notwithstanding these efforts, the new law includes several troubling provisions.It casts such a broad net that it will allow for the detention and deportation of people engaging in innocent associational activity and Constitutionally protected speech, and permit the indefinite detention of immigrants and non-citizens who are not terrorists.AILA will be working with Congress to develop oversight hearings to monitor the impacts of the new law and develop appropriate strategies and responses.

Along with the provisions designed to respond to terrorist threats, the new law includes a section that Lobbyists helped develop. This section will preserve immigration benefits for the families of victims of the terrorist attack and others impacted by the attack.It allows, for example, derivative family members to remain here legally, extends filing deadlines affected by the disaster and allows pending applications for permanent residence to be completed as if the sponsoring person was still alive.(A summary of the new law is included in this Update.)

 

Enhanced Border Security Act Introduced in Senate and House
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The House and Senate on November 1introduced the Enhanced Border Security Act.Senators Kennedy (D-MA), and Brownback (R-KS), the Chair and ranking Member respectively of the Senate Immigration Subcommittee, along with Senators Reid (D-NV), Collins (R-ME), Edwards (D-NC), Hagel (R-NE), Cantwell (D-WA), and Ensign (R-NV) introduced S. 1618.In the House, Representatives John Conyers (D-MI), Ranking Member of the House Judiciary Committee, Chris Cannon (R-UT), Samuel Graves (R-MO), and Howard Berman (D-CA) introduced H.R. 3205.

In introducing the legislation, Senator Kennedy emphasized that as we strengthen the security of our borders, we “also must live up to our history and heritage as a nation of immigrants.Immigration is essential to who we are as Americans.Continued immigration is part of our national well-being, our identity as a nation and our strength in today’s world. In defending the nation, we are also defending the fundamental constitutional principles that have made America strong in the past and will make us even stronger in the future.Our action must strike a careful balance between protecting civil liberties and providing the means for law enforcement to identify, apprehend and detain potential terrorists.It makes no sense to enact reforms that severely limit immigration into the United States.‘Fortress America,’ even if it could be achieved, is an inadequate and ineffective response to the terrorist threat.”

In his floor statement, Senator Brownback noted “while we must be careful not to compromise our values or our economy, we must take intelligent steps to enhance the security of our borders.”Senator Brownback emphasized that S. 1618 recognizes that the war on terrorism is in “large part, a war of information” and that to be successful “ we must improve our ability to collect, compile, and utilize information critical to our safety and national security.”To those ends, the bill, among other provisions, would:

  • Require the INS, Department of State (DOS), and Central Intelligence Agency (CIA) to report to Congress the information the INS and DOS need from law enforcement and intelligence agencies to screen visa applicants and applicants for admission.Those agencies are then mandated to develop an information-sharing plan, and develop and implement a unified electronic data system to provide access to relevant law enforcement and intelligence data. The data would be shared with those foreign service officers and federal agents determining the admissibility of aliens seeking entry to the U.S.The plan also must establish conditions for using the information.These protections would: limit the redissemination of information; ensure that the information is used solely to determine whether to issue a visa or determine admissibility; ensure the accuracy, security, confidentiality and destruction of such information; protect the privacy rights of people subject to such information; provide timely removal of obsolete and inaccurate information; and protect the source and method used to acquire the information.
  • Ensure adequate personnel at ports of entry and technology improvements at ports of entry and consular posts by raising the pay grade of Border Patrol officers and inspectors, in an effort to reduce turnover in these occupations, and authorizing training for Border Patrol, Customs, and Immigration inspectors.
  • Develop a perimeter national security program that would require the DOS and INS to study how best to screen travelers to the U.S., including the expansion of preclearance, pre-inspection, and the feasibility of working with Canada and Mexico to extend these procedures to travelers to Canada and Mexico.The study would also include an exploration of the feasibility of working with Canada and Mexico to establish a North American National Security Perimeter.
  • Direct the INS to implement an entry/exit system (specified in the INS Data Management Improvement Act of 2000, P.L. 106-215) that would: implement the Perimeter National Security program; implement a technology standard for confirming identities (required by the recently-passed anti-terrorism legislation); use biometric identifiers with arrival-departure records, visas, and other immigration documents; require machine readable visas and passports; compile a database of arrival and departure data; integrate all security databases relevant to making an admissibility determination; use visa issuance data from DOS’s data base to create the initial record for travelers for whom the visa requirements are not waived; and implement technologies that facilitate the cross-border movement of persons and commerce without compromising the safety and security of the U.S.
  • Require special training for Consular Officers and share international and other intelligence with Consular Officers who screen visa applicants.
  • Require all airlines to transmit electronically in advance of arrival their passenger manifests by January 2003.
  • Close gaps in the monitoring of foreign students once admitted to the U.S. and require INS to conduct periodic reviews of educational institutions allowed to accept foreign students, and require the State Department to conduct similar reviews of the exchange visitor program.
  • Extend for one year the deadline for issuing the new laser border crossing cards and authorize funding for machines to read these cards.
  • Eliminate the requirement that the INS must complete the immigration inspection of all passengers on an arriving plane within a 45-minute period.

Competing Security Proposal Introduced In The Senate
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Shortly after Senators Kennedy (D-MA) and Brownback (R-KS) introduced legislation to enhance security within our immigration system, Senators Dianne Feinstein (D-CA) and Jon Kyl (R-AZ) introduced the Visa Entry Reform Act of 2001.Representative Elton Gallegly (R-CA) introduced the House companion bill, H.R. 3329.While this measure contains some proposals that are similar to the Kennedy/Brownback bill, it reflects a very different vision of how this nation will enhance its security. It goes much further in implementing broad initiatives, often in an unrealistic time frame.Although well-intended, the measure would have severe and negative impacts on our international relations and commerce.

Senator Feinstein, Chair of the Senate Technology and Terrorism Subcommittee, and Senator Kyl, the ranking Republican on the Subcommittee, indicated that their legislation responds to testimony before their subcommittee that focused on what could be done to enhance security through improved technology in our visa entry system.Witnesses at that hearing included James Ziglar, INS Commissioner, and Mary Ryan, Assistant Secretary for Consular Affairs at the State Department.Both Ziglar and Ryan made it clear that the events of September 11 represented a failure in intelligence gathering and sharing rather than a failure of the immigration system.They testified that both agencies perform security checks on applicants, but those reviews are only as good as the information contained in their databases.They made it clear that with sufficient resources and proper access to the relevant law enforcement intelligence and databases the INS and DOS can and will deny entry to those who pose a risk to our national security.

In light of that testimony, Senators Feinstein and Kyl stated that the most important aspect of their bill was the creation of a single, comprehensive database to screen visa applicants and applicants for admission to the United States.Like S. 1618, the Kennedy/Brownback bill (described above), S.1627 requires federal law enforcement and immigration agencies to cooperate in the collection and exchange of data in order to determine who is eligible for a visa or for admission to the United States.However, S.1627 goes much further in the details of what information must be submitted and retained in the database.Some have expressed concern that this kind of micro-management may dilute the law enforcement value of the database.

The bill also would impose a requirement that all federally issued identification documents, and some state-issued documents, contain personal and biometric information about the authorized holder of the document.These requirements would apply to documents held by citizens as well as non-citizens – including work authorization documents, special permits, social security cards, etc.However, the bill does not address the question of how those in the private sector who regularly require such documents will read these new cards, nor how the information contained on the cards will be used or protected.Although Lobbyists are supportive of measures that improve protections against fraud, we remain concerned that this push may infringe on the legitimate right to privacy by creating a need for a national identification card.

Although Senator Feinstein has backed away from her call for a moratorium on student visas, S. 1627 does include new stricter standards regarding these visas.Like the Kennedy/Brownback bill, it enhances the reporting and tracking requirements for foreign students, with stricter standards and deadlines for universities to notify INS when students begin and end their studies.However, S. 1627 again imposes more detailed requirements on the type of information that must be collected and reported, and how the information is handled by the INS and DOS.The bill also mandates that no student visas may be issued to individuals from countries included on the State Department list as state sponsors of terrorism.This inadmissibility can only be waived if the Secretary of State, the Under Secretary of State, or the Assistant Secretary of State for Consular Affairs, and no other person, certifies that the student does not pose a risk to national security.

Other provisions in the bill include:  
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  • The creation of Terrorist Lookout Committees within each U.S. embassy that would meet at least monthly with the deputy chief of missions certifying that none of the relevant sections of the embassy had knowledge of the identity of any individual eligible for inclusion in the visa lookout system for possible terrorist activity.
  • Implementation of a biometric “smart visa” to be issued to each alien seeking to enter the U.S.These visas would be scanned at each port of entry.
  • Beginning no later than January 2002, each air, land, or sea carrier arriving in the U.S. from a foreign state would be required to transmit passenger information in advance of departure for the U.S.
  • Prohibits INS Form I-20 being provided or issued directly to the foreign student and mandates that the DOJ conduct background examination of each foreign student prior to the issuance of a visa by a consular officer.

Senate Votes Down Restriction on Due Process:Secret Evidence Measure Defeated
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The Senate on November 9 blocked the passage of an amendment to the Intelligence Authorization Bill introduced by Senator Robert Smith (R-NH).This amendment would have eliminated the requirement that the government present accused people with a summary of any secret evidence used against them during deportation proceedings before the Alien Terrorist Removal Court.The Smith amendment was defeated after the Senate unanimously voted for substitute language that would require the Attorney General to submit a report on the matter in three months.During the 2000 Presidential campaign, President Bush spoke out against the use of secret evidence against non-citizens.

INS Reorganization Bill Introduced as Hill Awaits Administration’s Plan 
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Representative James Sensenbrenner (R-WI), Chair of the House Judiciary Committee and Immigration Subcommittee Chair, and George Gekas (R-PA) introduced H.R. 3231, the Immigration Reform and Accountability Act, on November 6.Representatives Sensenbrenner and Gekas introduced their plan without the support of the Bush Administration. Representative Sensenbrenner has indicated that he is determine not to press forward with other immigration measures, like the Enhanced Border Security Bill,before taking up reorganization is accomplished In contrast to the House, Senators Kennedy and Brownback have indicated they will review the Administration’s plan before moving forward on their own plan.

The Administration has developed its own plan.Both Attorney General Ashcroft and INS Commissioner Ziglar have indicated that their plan would administratively implement a reorganization of the agency and would separate enforcement and adjudications.Commissioner Ziglar has reported that he will make the plan public after OMB approval.

H.R. 3231 would abolish the INS, replacing it with a new Agency for Immigration Affairs (AIA) within the Department of Justice.A presidentially appointed Associate Attorney General (AAG) would head the AIA.Offices under the AAG would include a policy advisor, a legal advisor, Office of Shared Services, Office of Ombudsman, and Office of Professional Responsibility and Quality Review.

Both the structure enunciated in the bill and the bill’s language suggest that the AAG would have little authority or clout. H.R. 3231 vests real power in two bureaus within the DOJ, the Bureau of Immigration Services and Adjudications and the Bureau of Immigration Enforcement.Each Bureau would be headed by a Director and each would have its own General Counsel, Office of Policy and Strategy, Office of Congressional, Intergovernmental and Public Affair, as well as field and operational offices.This structure would lead to conflicting legal strategies, public and budgetary policies, and information relayed to Congress and the general public.

As introduced, H.R. 3231 raises many grave concerns.There is no one in charge with clout. It is important that a reorganized agency be headed by someone with authority both horizontally and vertically, so that one voice speaks for the agency within the government, in our country, and to the world. The absence of a central authority will ensure a poorly functioning agency, with insufficient accountability, and in our current crisis, would be especially debilitating. In addition, the two functions of enforcement and adjudications, while separated in this plan and structured in a way that will lead to delays, disputes and disorganization, are insufficiently coordinated. Furthermore it is unacceptable for the AAG to oversee and supervise the Executive Office for Immigration Review (EOIR). The EOIR should remain independent of the immigration agency. Immigration Judges should be separate from the INS in order to preserve the integrity of the system. For example, in removal proceedings INS is a party appearing before an Immigration Judge. It would be unfair and improper to have the Judge and the Staff Attorney controlled by the same supervisor. Also of concern is the fact that functions currently performed by DOJ’s Civil Rights, Civil, and Criminal Divisions are transferred to the Bureau of Services and Adjudications, and Enforcement. Finally, the bill as introduced does not fund the AAG’s function and does not authorize appropriations for asylum and refugee adjudications while eliminating the fee account funding for these functions, essentially leaving both unfunded.

A successful reorganization of the INS would: put someone in charge with clout, separate – but coordinate – enforcement and adjudications, and provide adequate funding.

 

House Passes Airline Security Bill that OKs LPRs Working in Airline Security  
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The House on November 1 passed H.R. 3150, the administration-backed aviation security legislation. introduced by Representative Don Young (R-AK).The House earlier had voted 218-214 against H.R. 3165, introduced by Representative Greg Ganske (R-IA), which, like the Senate companion bill (which the Senate passed 100-0), would have restricted the ability of legal permanent residents to work in the airline security industry.

Both bills included similar language to promote air safety but differed in federalizing 28,000 baggage screeners.The Senate bill would have made baggage screeners federal employees and also required that airport screening personnel be citizens for a minimum of 5 consecutive years. Despite intense efforts by the President and GOP leadership to avoid defections, eight House Republicans voted for the Senate version, while six Democrats voted for the Young bill. Sponsors of the Senate bill indicated that the provision was an error and that they had intended their bill to require that airport screening personnel needed to be lawful permanent residents for 5 years.

 

House Subcommittee Approves Worker Verification Program  
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The House Immigration and Claims Subcommittee on November 1 approved by voice vote a proposal to extend a pilot program that helps companies avoid hiring undocumented workers. HR 3030, introduced by Representative by Tom Latham (R-IA), is one of many proposals introduced in Congress that are supposed to strengthen immigration controls in response to the threat of terrorism. However many of these types of proposals have little or nothing to do with improving national security, with many fearing that such initiatives lead to discrimination and end up turning employers into enforcers.

Representative Latham's measure would extend by two years the Basic Pilot Verification Program, which gives companies software to access Social Security Administration and other databases to screen all new hires, citizens or non-citizens, to determine their work eligibility. The program established as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (PL 104-208), expires later this month if not renewed.

House Subcommittee Holds Hearing on Student Tracking  
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The Subcommittees on Select Education and 21st Century Competitiveness of the House Education and Workforce Committee held a joint hearing on October 31 to address foreign student tracking. Witnesses included: Ambassador Mary Ryan -- Assistant Secretary of State for Consular Affairs, Michael Becraft -- Acting Deputy Commissioner of the INS, Dr. David Ward -- President of the American Council on Education, Dr. Gail Short Hanson -- Vice-President of Student Services at American University, and Julia Beatty -- President of the US Student Association.

The committees focused on the current student visa program and weaknesses with the program, since at least one of the terrorists involved in the September 11 attacks came to the U.S. on a student visa.“We are NOT here to imply that international students are a problem or to prevent these students from coming to the U.S. to participate in an educational system that is second to none,” said Representative Pete Hoeskstra (R-MI), Chairman of the Select Education Sub-committee, in his opening statement.

Both Representative Hoekstra and Representative McKeon (R-CA), Chair of the 21st Century Competitiveness Subcommittee, pointed out that institutions of higher education know wether foreign student visa holders show up for classes, drop out or transfer but do not notify the INS unless the agency requests the information.Both were interested in learning more about the Student and Exchange Visitor Information System (SEVIS) and expressed hope that this system would strengthen the student monitoring process.

Ambassador Mary Ryan focused her testimony on the process and criteria used by the Consular Affairs Bureau to determine the eligibility of foreign nationals applying for student visas and how the bureau’s and INS’s activities complement each other. Ambassador Ryan said that the US education system is a tool to spread American values around the world. In response to questions from Members, she emphasized the need for federal agencies, especially law enforcement agencies, to share information.

Acting Deputy INS Commissioner Michael Becraft explained the student visa process, emphasizing the difficulties in knowing whether students leave the country once their visas expire, and acknowledging that SEVIS will address this problem.  Like Ryan, Becraft stressed the need for inter-agency information sharing and noted that part of the problem is tension among law enforcement agencies and a lack of trust in the State Department and INS to appropriately handle sensitive information. 

Dr. David Ward, President of the American Council on Education, supported INS’ funding request to complete the development of SEVIS.  He also proposed changing the current I-20 process to have schools send the I-20 form directly to a consulate designated by the petitioner instead of sending the form to the student.

During the hearing, Representative Virgil Goodlate (R-VA) proposed limiting work burdens on the consulates by requiring students to choose the school they would attend before issuing an I-20. Representative David Wu (D-OR) suggested implementing an alien registration program through which legal aliens would periodically report their address, a proposal to which INS’s Becraft responded by noting that INS does not have the personnel to implement such a system.

Recently Introduced Legislation
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S.1627 Introduced by Senators Feinstein (D-CA) and John Kyl (R-AZ), S.1627 would focus on counter-terrorism efforts through visa entry reform and other means.

S.1618 Introduced by Senators Kennedy (D-MA) and Brownback (R-KS), S.1618 would enhance the border security of the United States.

H.R.3231 Introduced by Representative Sensebrenner (R-WI), H.R. 3121 would replace the Immigration and Naturalization Service with the Agency for Immigration Affairs, and for other purposes.

H.R. 3229 Introduced by Representative Gallegly (R-CA), H.R. 3229 is the House companion to S. 1627 and would focus on counter-terrorism efforts through visa entry reform and other means.

H.R. 3222 Introduced by Representative Tancredo (R-CO) H.R. 3222 would limit the number of H1-B nonimmigrant visas issued in any fiscal year.

H.R. 3221 Introduced by Representative Roukema (R-N.J.), H.R. 3221 would establish a temporary moratorium on the issuance of visas for nonimmigrant foreign students and other exchange program participants and to change reporting requirements for universities under the foreign student-monitoring program.

H.R. 3205 Introduced by Representative Conyers (D-MI), H.R. 3205 is the House companion to S. 1618 and would enhance the border security of the United States, and for other purposes.

H.R. 3181 Introduced by Representative Representative Bilirakis (R-FL), H.R. 3181 would establish a temporary moratorium on the issuance of visas for nonimmigrant foreign students and other exchange program participants, change procedures for issuance of nonimmigrant student visas and for admission at ports of entry to the United States

Upcoming Hearings  
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Tuesday November 13, 2001

  • INS Policy on Handling of Illegal Entrees Cases
    Subcommittee Hearing (9:30 a.m. SD-342)

Investigations Subcommittee of Senate Governmental Affairs Committee will hold a hearing on how the Immigration and Naturalization Service (INS) processes persons arrested for illegal entry. Many persons arrested for illegal entry outside ports of entry are released on bond or on their own recognizance and are permitted to stay in the country while they await a deportation hearing.

Thursday November 15, 2001

  • INS Reorganization

Hearing, (2:00 p.m., R 2237)

Immigration and Claims Subcommittee of the House Judiciary Committee will hold a hearing to study possible options to reorganize the INS, including splitting the INS into two different agencies focused on enforcement and service, respectively.

Friday November 16, 2001

NATIONAL ID CARDS
Oversight Hearing (10:00 a.m., RHOB-2154)

Government Efficiency, Financial Management and Intergovernmental Relations Subcommittee of House Government Reform Committee will hold an oversight hearing on proposed plans for national identification cards.

 

Legislation and Policy  
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The news media has followed the debate as politicians and policy analysts grapple with the need to improve our national security and how that may impact immigration policy, the news media has followed the debate. While lawmakers move forward with proposals, many leaders have reiterated that we are a nation of immigrants. Even as he called for increased scrutiny of visa applicants at consular offices and tighter monitoring of foreign students, President Bush told the nation, “We welcome legal immigrants” (Newsweek).

Senators Kennedy (D-MA) and Brownback (R-KS) have introduced legislation to increase national security. At a press conference about the bill, Kennedy said “In strengthening the security of our borders, we must also safeguard the unobstructed entry of more than 31 million persons who enter the U.S. legally each year as visitors, students and temporary workers and over 500 million that cross the Canadian and Mexican borders to conduct daily business or visit close family members.”

“Clearly, we must scrutinize student visas with great care. But we must never forget that our system of higher education -- long considered one of our most precious and profitable exports -- also introduces international students to civil liberties, free speech and the peaceful transfer of power” stated a San Francisco Chronicle editorial published after the President’s announcement that the government would begin a full review of foreign visas.

Detention and Civil Liberties  
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Much of the media coverage over the past month has focused on the over 1,000 people detained as part of the FBI investigation of the terrorist attacks. Nearly 200 of those detained are being held by INS for immigration violations. The fact that we do not know who these detainees are, where they are being held, and whether or not they are represented by counsel casts doubt on whether or not their rights have been respected.

“Former FBI director William Webster said that none of the accused had ever engaged in criminal activity, and that if they had been citizens, ‘there would not have been a basis for their arrest,’” according to an article in The Village Voice

Several groups called on the government last week to give out more information about the detainees. At a press conference announcing a FOIA request by the coalition of groups, Kate Martin, the director of the Center for National Security Studies, said, “While certain aspects of the F.B.I. investigation into the terrorist attacks need to be secret, we do not live in a country where the government can keep secret who they arrest, where they are being held, or the charges against them. The secret detention of more than 800 people over the past few weeks is frighteningly close to the practice of `disappearing' people in Latin America.’


“The “Uniting and Strengthening America by Providing Appropriate Tools

Required to Intercept and Obstruct Terrorism (USA PATRIOT)” Act of 2001

SECTION-by-SECTION SUMMARY

IMMIGRATION PROVISIONS

TITLE IV—PROTECTING THE BORDER

 

SUBTITLE A—Protecting the Northern Border

Section 401: Ensuring Adequate Personnel on the Northern Border

Waives FTE cap on personnel

Section 402: Northern Border Personnel

Authorizes funds to triple Border Patrol on Northern Border

Section 403: Access by DOS and INS to FBI Criminal History Records

Provides access to FBI National Crime Information Center’s Interstate Identification Index (NCIC III) files

Mandates development and certification within 2 years of a technology standard that can be used to verify the identity of persons applying for a visa or seeking to enter the United States.

Section 404: Limited Authority to Pay Overtime

Authorizes overtime pay for INS employees

Section 405:  Report on Automated Fingerprint System

Mandates report on feasibility of enhancing the FBI’s Automated Fingerprint Identification system (IAFIS)

SUBTITLE B—Enhanced Immigration Provisions

 Section 411:  Definitions Relating to Terrorism

Adds new grounds of inadmissibility for representatives of foreign terrorist organizations or any group that publicly endorses acts of terrorist activity, and spouses and children of aliens who are inadmissible on any of the terrorism-related grounds;  Provides new unreviewable authority to Secretary of State to designate any group, foreign or domestic, as a terrorist organization, upon publication in the Federal Register;

Makes any fundraising, solicitation for membership, or material support (even for humanitarian projects) of groups that are designated terrorist organizations by the Secretary of State a deportable offense (without regard to whether such activities were in furtherance of actual terrorist activity);

Makes solicitation of funds or other material support for groups NOT officially designated as “terrorist organizations” a deportable offense unless the person can prove that he “did not know, and should not reasonably have known, that the solicitation would further the organizations’ terrorist activity;

Certain limits on retroactivity are provided in cases where a person previously provided materials support to the humanitarian projects of a terrorist organization before it was designated as such by the Secretary of State;

Section 412. Mandatory Detention of Suspected Terrorists; Habeas Corpus; Judicial Review

Provides that the Attorney General or the Deputy Attorney General (with no power of delegation) may certify an alien as a terrorist if they have reasonable grounds to believe that the alien is a terrorist or has committed a terrorist activity;

Requires mandatory detention of a person so certified. Certified persons shall remain in custody irrespective of any relief from removal that they may eligible for or granted. If the person is finally determined not to be removable, they may no longer be detained under this section;

Allows the INS to detain a suspected terrorist alien for seven days before bringing immigration or criminal charges. Aliens not charged within seven days shall be released;

Provides habeas review of the detention and the basis for the certification;

Provides judicial review by habeas in any district court otherwise having jurisdiction to entertain it. Decisions in any district will be based on the rule of law in the U.S. District Court for the District of Columbia, and all appeals will be made to the Court of Appeals for the District of Columbia;

For any person with a final order for removal who is detained under this section beyond the removal period, Attorney General must review such detention every 6 months. Continued detention is allowed only upon a showing that “the release of the alien will endanger the national security of the United States or the safety of the community or any person;”

The Attorney General shall review the certification of any person every 6 months .If, in the Attorney General’s discretion, it is determined that the certification should be revoked the person may be released. Any certified person may request a reconsideration of their certification every six months and submit documents or evidence to support that request; Requires that the Attorney General must submit a report to Congress on the use of this section every six months.

Section 413. Multilateral Cooperation Against Terrorists

This section provides that State Department records can be provided to a foreign government on a case-by-case basis for the purpose of preventing, investigating, or punishing acts of terrorism. Under current law, the records of the State Department pertaining to the issuance of or refusal to issue visas to enter the U.S. are confidential and can be used only in the formulation and enforcement of U.S. law.

Section 414: Visa Integrity and Security

  • Expresses the sense of Congress that the integrated entry and exit data system (Section 110 of the INA) should be fully implemented at all ports of entry “with all deliberate speed and as expeditiously as practicable”, and that the establishment of the Integrated Entry and Exit Data System Task Force should begin immediately. It also authorizes the appropriation funds to accomplish this goal.
  • The development of the system will focus on the use of biometric technology and tamper resistant documents. The system must also interface with law enforcement databases to identify and detain individuals who pose a threat to the national security of the United States.
  • Within 12 months, the Office of Homeland Security is required to report to Congress on the information that is needed from various government agencies to effectively screen visa applicants and applicants for admission.

Section 415: Participation of Office of Homeland Security on Entry-Exit Task Force

Authorizes the Office of Homeland Security to be included in the Integrated Entry and Exit Data System Task Force established in Section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000.

Section 416: Foreign Student Monitoring Program.

Requires the full implementation of the Foreign Student Visa Monitoring Program established by Section 641(a) of IIRAIRA.The program is expanded to include all education institutions that are approved to receive foreign students.

Section 417:  Machine Readable Passports.

Requires all countries designated to participate in the Visa Waiver Program to satisfy the requirement of issuing machine-readable passports by October 1, 2003, instead of 2007.  The Secretary of State is required to perform annual audits of the designation of countries participating in the visa waiver program.

Section 418:Prevention of Consulate Shopping.

The Secretary of State shall review how consular officers issue visas to determine if consular shopping is a problem.

Subtitle C– Preservation of Immigration Benefits for Victims of Terrorism

Section 421. Special Immigrant Status

Provides special immigrant status to any alien whose family or employment based immigrant petition, fiancÚ visa, or application for labor certification was revoked or terminated (or otherwise rendered null) due to the death, disability or loss of employment (due to the physical damage or destruction of the business) of the petitioner, applicant, or beneficiary as a direct result of the terrorist attacks.

The relief is also available to the spouses and children who were either accompanying the principle applicant, or who are following to join the principle applicant up to two years later (September 11, 2003).

The grandparents of any child whose parents died in the attacks may also qualify for this status if either of the parents were U.S. citizens or legal permanent residents.

In determining eligibility for an immigrant visa, the public charge grounds of inadmissibility shall not apply to these special immigrants.

Section 422. Extension of Filing or Reentry Deadlines

Provides that an alien who was legally in a nonimmigrant status and was disabled as a direct result of the terrorist attacks (and his or her spouse and children) may remain lawfully in the U.S. (and receive work authorization) until the later of the date that his or her status normally terminates or one year after the death or onset of disability.

Such status is also provided to the nonimmigrant spouse and children of an alien who died as a direct result of the terrorist attacks.

An alien who was lawfully present as a nonimmigrant at the time of the terrorist attacks will be granted 60 additional days to file an application for extension or change of status if the alien was prevented from so filing as a direct result of the terrorist attacks.

An alien who was lawfully present as a nonimmigrant at the time of the attacks but was then unable to timely depart the U.S. as a direct result of the attacks will be considered to have departed timely if the departure occurs before November 11, and will not be considered to have accrued unlawful presence during that period.

An alien (and his or her spouse and children) who was in a lawful nonimmigrant status at the time of the attacks but not in the U.S. at that time, and was prevented from returning to the U.S. in order to file a timely application for an extension of status as a direct result of the terrorist attacks will be given 60 additional days to file an application and will have his or her status extended 60 days beyond the original due date of the application.

Under current law, winners of the fiscal year 2001 diversity visa lottery must enter the U.S. or adjust status by September 30, 2001.This Act provides that such an alien may enter the U.S. or adjust status until April 1, 2002, if the alien can establish that he or she was prevented from doing so by September 30 as a direct result of the terrorist attacks.If the visa quota for the 2001 diversity visa program has already been exceeded, the alien shall be counted under the 2002 program.

If a winner of the 2001 lottery died as a direct result of the terrorist attacks, the spouse and children of the alien shall still be eligible for permanent residence under the program until June 30, 2002.The ceiling placed on the number of diversity immigrants shall not be exceeded in any case.

Any immigrant visa that expires before December 31, 2001 shall be extended until that date, if an alien was unable to timely enter the U.S. on the visa as a direct result of the terrorist attacks.

In the case of an alien who was granted parole that expired on or after September 11, if the alien was unable to enter the U.S. prior to the expiration date as a direct result of the terrorist attacks, the parole is extended an additional 90 days.

In the case of an alien granted voluntary departure that expired between September 11 and October 11, 2001, voluntary departure is extended an additional 30 days.

Section 423. Humanitarian Relief for Certain Surviving Spouses and Children

Current law provides that an alien who was the spouse of a U.S. citizen for at least two years before the citizen died shall remain eligible for immigrant status as an immediate relative.  This also applies to the children of the alien.  This section provides that if the citizen dies as a direct result of the terrorist attacks, the two-year requirement is waived.

IF alien spouse, child, or unmarried adult son or daughter had been the beneficiary of an immigrant visa petition filed by a permanent resident who died as a direct result of the terrorist attacks, the alien will still be eligible for permanent residence.  In addition, if an alien spouse, child, or unmarried adult son or daughter of a permanent resident who died as a direct result of the terrorist attacks was present in the U.S. on September 11 but had not yet been petitioned for, the alien can self-petition for permanent residence.  These family members may be eligible for deferred action and work authorization.

This section further provides that an alien spouse or child of an alien who 1) died as a direct result of the terrorist attacks and 2) was a permanent resident (petitioned-for by an employer) or an applicant for adjustment of status for an employment-based immigrant visa, may have his or her application for adjustment adjudicated despite the death (if the application was filed prior to the death).

The grounds of inadmissibility related to public charge shall not apply to an applicant for permanent residency under this section.

Section 424. “Age-Out” Protection for Children

Provides that an alien whose 21st birthday occurs this September and who is a beneficiary for a petition or application filed on or before September 11 shall be considered to remain a child for 90 days after the alien’s 21st birthday.For an alien whose 21st birthday occurs after this September, the alien shall be considered to remain a child for 45 days after the alien’s 21st birthday.

Section 425. Temporary Administrative Relief
  • Provides that temporary administrative relief may be provided, for humanitarian purposes or to ensure family unity, to an alien who was lawfully present on September 10, and who was on that date the spouse, parent or child of someone who died or was disabled as a direct result of the terrorist attacks, and is not otherwise entitled to relief under any other provision of Subtitle B.
Section 426. Evidence of Death, Disability, or Loss of Employment
  • The Attorney General shall establish appropriate standards for evidence demonstrating that a death, disability, or loss of employment due to physical damage to, or destruction of, a business, occurred as a direct result of the terrorist attacks on September 11.The Attorney General is not required to promulgate regulations prior to implementing Subtitle B.
Section 427. No Benefit to Terrorists or Family Members of Terrorists
  • No benefit under Subtitle B shall be provided to anyone culpable for the terrorist attacks on September 11 or to any family member of such an individual.
Section 428. Definitions
  • The term “specified terrorist activity” means any terrorist activity conducted against the Government or the people of the U.S. on September 11, 2001.

TITLE X--MISCELLANEOUS

 

SEC. 1006: Inadmissibility of Aliens Engaged in Money Laundering.

Makes inadmissible any person who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or will engage in an offense relating to money laundering.

Requires the Secretary of State to establish, within 90 days, a watchlist that identifies individuals worldwide who are known or suspected of money laundering, which is readily accessible to, and shall be checked by, a consular or other Federal official prior to the issuance of a visa or admission to the United States

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