LEGISLATIVE
UPDATE
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:
Back to Top
- 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
back to
top
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
back to top
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.
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
Back to Top
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
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.
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.
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, fiancé 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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