Ask Your Members of Congress To Carefully
Review the Immigration Provisions in the "Anti-Terrorism
Act 2001." Urge Them to Allow Clear Standards of Evidence
and Judicial Review
October 2, 2001
Issue:
The terrorist attacks of September 11, 2001 have generated
a wave of anti-terror security measures. One of the first pieces
of legislation to approach the floor is the anti-terrorism bill.
Unfortunately, it has a number of flawed provisions, especially
as it changes U.S. immigration policy. The proposed legislation
allows the Attorney General to designate an alien as a "certified"
alien, without a judicial review. A certified alien could be
subject to removal and indefinite detention. There could be
a vote as early as next week.
Action:
Write or call your Senators and Representatives, asking that
they urge members of the House and Senate Judiciary committees
to closely review the anti-terrorism legislation. (You will
find their contact information at www.senate.gov
or www.house.gov.) You may
also reach them by phone by calling the Capitol Switchboard
at 202-456-3121.
In your phone calls and letters, please emphasize the importance
of:
- Following standard procedure, and evidence, before declaring
someone a terrorist;
- Allowing judicial review of all persons detained, and giving
them a limited period of detention.
Background:
In the aftermath of September 11, Attorney General Ashcroft
proposed legislation that includes expanding the authority of
the Immigration and Naturalization Service (INS). The language
of the proposed legislation has raised concerns, both in congressional
hearings and among the civil liberty advocacy community. Some
of the concerns regarding the anti-terrorist legislation are
as follows:
- Certification of aliens
- Lack of judicial review
- Conclusive presumption of removability and mandatory detention
for aliens certified
- Super retroactivity
- Racial profiling
The proposal creates a provision for the INS Commissioner,
after consulting with the FBI director, to recommend to the
Attorney General that an alien be "certified" because
the INS has reason to believe that such person may further or
facilitate acts of terrorism, or any other activity that endangers
the national security of the United States. The proposal also
states that when the General Attorney concurs with such a recommendation,
that individual's immigration information will then translate
into a criminal procedure. A "certified alien" will
be subject to custody and shall remain in that custody irrespective
of any relief from removal. The "certified alien"
may not be granted release until the Attorney General deems
that the individual may no longer be "certified."
According to the proposal, while a "certified alien"
is subject to U.S. anti-terrorist criminal procedures, he or
she will have a restricted judicial review, or chance for appeal.
Judicial review of the detention of "suspected terrorists"
is available only by habeas corpus in the United States District
Court in the District of Columbia, and only after issuance of
a final order of removal. For those who had been granted political
asylum and, thus, cannot be deported, the Attorney General would
still be able to detain the immigrants by certification. Without
a final order of removal, the immigrants could face indefinite
detention.
Currently, our government has the capability to deport or detain
illegal or problematic immigrants. Since September 11, the Department
of Justice has detained approximately 400 people in questioning.
This legislation will allow the Department of Justice to expand
its' authority to individuals who seek asylum in this country
as well as to legal permanent residents. The proposal also stated
that the recommendation to certification is not reviewable by
any court. Evidently, these provisions lack clear standards
of evidence and procedures for declaring someone an associate
of a terrorist act. Additionally, the enactment of this legislation
might generate a wave of xenophobia that result in the imprisonment
and deportation of many innocent persons.
This legislation is being currently debated in Judiciary committees
in both the House of Representatives and the Senate. Please
contact your Members of Congress and express the concern that
there needs to be a clear standard of evidence for certification,
removal, and limited detention.
General Assembly
The 206th General Assembly (1994) of the Presbyterian Church
(U.S.A.) adopted the Call to Presbyterians to Recommit to Work
and Pray for a Just and Compassionate U.S. Immigration Policy.
"As our nation once again considers major changes in its
immigration policy, we reaffirm the following principles that
have been a part of past General Assembly actions as the basis
for measuring proposed changes in the laws of our land. Any
immigration policy must:
- provide for the human needs of refugees and immigrants;
- assure nondiscriminatory humanitarian aid and application
of laws and policies;
- uphold full constitutional and civil rights for refugees
and immigrants as well as U.S. citizens;
- protect the lives of persons;
- give special consideration to the needs of women, children,
individuals with special needs, and the unification of families,
and;
- combat vigorously any expression of racism either in policies
or the implementation of them. "
|
