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From: Aliza Becker <azbecker@mindspring.com>
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Subject: [NIFL-ESL:6652] FW: Immigration Policy Update
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------ Forwarded Message
From: "Maurice Belanger" <mbelanger@immigrationforum.org>
Date: Tue, 6 Nov 2001 18:36:01 -0500
To: "Belanger, Maurice" <mbelanger@immigrationforum.org>
Subject: Immigration Policy Update
National Immigration Forum
Date: November 6, 2001
To: Forum Associates and interested advocates
From: Maurice Belanger, Lynn Tramonte, Josh Fischel
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. USAPATRIOT Act becomes law
2. Enhanced Border Security Act introduced in Senate, House
3. Senate Immigration Subcommittee holds hearing on
anti-terrorism measures
4. Refugee processing on hold
5. Items from the Federal Register
----------------------------------------------------
--------------------------
ANTI-TERRORISM LEGISLATION - Bush signs "USAPATRIOT" Act
--------------------------
On October 26, President Bush signed the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (USAPATRIOT Act) into law, ratifying the
first major piece of anti-terrorist legislation with immigration
consequences post September 11.
The immigration provisions of this law are significantly narrower than
the Administration first proposed. Bipartisan leadership from the House
Judiciary Committee and Senator Russ Feingold (D-WI), chairman of the
Constitution Subcommittee of the Senate Judiciary Committee, proved
crucial to softening some of the harshest provisions of this law and
adding critical "victims assistance" provisions.
Among other things, the new law:
** Authorizes the tripling of Border Patrol personnel operating on
the northern border.
** Provides the INS and State Department with access to FBI
criminal history records for the purpose of making decisions regarding
visa issuance and entry.
** Requires the DOS and the INS to choose within two years a
standard technology that could be used to verify the identity of persons
applying for U.S. visas or seeking to enter the country.
** Grants new and unreviewable authority to the Secretary of State
in designating any group, either foreign or domestic, as a terrorist
organization. The list of organizations designated as terrorist
organizations is published in the Federal Register.
** Adds new grounds of inadmissibility for aliens who are deemed to
be representatives of foreign terrorist organizations or of any group
that publicly endorses terrorist acts. Spouses and children of foreign
nationals that are deemed inadmissible under these grounds are, by
extension, inadmissible as well.
** Makes any fundraising, material support, or solicitation for
membership in a terrorist organization as designated by the Secretary of
State a deportable offense. This holds true even when the material
support is provided for humanitarian projects administered by the
organization, and without regard to whether such activities were in
furtherance of actual terrorist activity.
** Makes it a deportable offense to provide material support or
solicit funds for groups that are not officially designated as terrorist
organizations by the Secretary of State, but that go on to commit acts
of terrorism, unless the alien can prove that he or she "did not know,
and should not reasonably have known, that the solicitation would
further the organization's terrorist activity;"
** Gives the Attorney General or Deputy Attorney General only (with
no power of delegation) the authority to "certify" an alien as a
terrorist if he has merely "reasonable grounds to believe" that the
alien is a terrorist or has committed terrorism. Once certified, the
alien must be detained, and must be charged with either a criminal or
immigration violation within seven days of being taken into custody. If
the alien is not charged with any violation within this time frame, he
or she must be released. However, this does not mean the person will be
released within seven days. It merely means he or she must be charged
with something. The alien may be held for a very long time before being
tried, but if held for six months or more, the Attorney General must
review the detention of these certified individuals six months after
they were taken into custody, and every six months thereafter, until the
alien's case is resolved. If such an alien has been ordered removed but
cannot be deported for some reason, the Attorney General must review his
or her detention every six months, and may only continue to hold the
alien in detention if he can show that release of the alien "will
endanger the national security of the United States or the safety of the
community or any person." Habeas review of the alien's detention,
including the basis for the alien's certification is permitted.
** Directs the INS to fully implement the integrated entry and exit
data system called for in the 1996 immigration law (Section 110),
focusing on the use of biometric identifiers and tamper-resistant
documents as a way to ensure integrity, accuracy, and speed in the
entry/exit process. This system also must interface with law
enforcement databases to equip the INS with the information it needs to
identify and detain individuals seeking to enter the U.S. who pose a
threat to our national security.
** Directs the INS to fully implement the Foreign Student Visa
Monitoring Program established by the 1996 immigration law.
** Moves up the deadline for countries participating in the Visa
Waiver Program to implement machine-readable passports to October 1,
2003. (The deadline previously had been set in 2007.) Participating
countries will be audited annually.
** Provides a variety of special protections for immigrants
directly affected by the September 11 attacks. These include the
extension of filing or re-entry deadlines, humanitarian relief for
spouses and children of September 11 victims, and other benefits.
The American Immigration Lawyers Association has written a
section-by-section summary of the PATRIOT Act, which can be found on
their website at: http://www.aila.org/newsroom/response.html.
The immigration provisions of the law itself can be found on the INS
website at: http://www.ins.gov/graphics/lawsregs/patriotiv.pdf.
--------------------------
ANTI-TERRORISM LEGISLATION - Kennedy, Brownback Introduce Enhanced
Border Security Act
--------------------------
On November 1, Senators Edward Kennedy (D-MA) and Sam Brownback (R-KS)
introduced the Enhanced Border Security Act, S. 1618. The bill proposes
a number of changes aimed at increasing the security of the process by
which the U.S. admits foreigners, without closing us off from the flow
of visitors and immigrants. Joining these two Senators--the Chairman
and Ranking Member, respectively, of the Immigration Subcommittee--were
Senators Reid (D-NV), Collins (R-ME), Edwards (D-NC), Hagel (R-NE),
Cantwell (D-WA), and Ensign (R-NV).
Among other things, the bill would -
** Require the INS, Department of State (DOS), and Central
Intelligence Agency (CIA), to report to Congress identifying the
information needed by the INS and DOS from law enforcement and
intelligence agencies in order to screen visa applicants and applicants
for admission. Those agencies are then to develop an
information-sharing plan, and develop and implement a unified electronic
data system to provide real-time access to relevant law enforcement and
intelligence data to foreign service officers and federal agents
determining the admissibility of aliens seeking entry to the U.S. The
plan must contain protections against the misuse of data, and procedures
for removing erroneous information.
** Raise the pay grade of Border Patrol officers and inspectors, in
an effort to reduce turnover in these occupations.
** Requires the DOS and INS to study how best to screen travelers
to the U.S., including the expansion of preclearance, preinspection, 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.
** Directs the INS to implement an entry/exit system, but in
implementing the system, the INS should consider integrating the
Perimeter National Security program; the technology standard for
confirming identities (required by the recently-passed anti-terrorism
legislation); the use of biometric identifiers with arrival-departure
records, visas, and other immigration documents; the mandatory use of
machine readable visas and passports; and the compilation of
arrival/departure and security databases.
** Requires special training for Consular Officers and requires
that international and other intelligence be shared with Consular
Officers who screen visa applicants.
** Requires all airlines to transmit their passenger manifests
electronically by 2003.
** Closes gaps in the monitoring of foreign students once admitted
to the U.S.
** Requires the INS to conduct periodic reviews of educational
institutions allowed to accept foreign students, and requires the State
Department to conduct similar reviews of the exchange visitor program.
** Authorizes funding for machines to read border crossing cards.
(The INS is currently issuing machine-readable border crossing cards to
Mexican nationals, but money has not been appropriated to purchase the
machines to read these cards.)
** Eliminates the requirement that the INS must complete the
immigration inspection of all passengers on an arriving plane within a
45-minute period.
A companion bill has been introduced in the House, H.R. 3205, by
Representatives Conyers (D-MI), Cannon (R-UT), Berman (D-CA), and Graves
(R-MO).
Text of the Senate bill can be found on the Library of Congress website
at:
http://thomas.loc.gov/cgi-bin/query/z?c107:S.1618:
The Forum has prepared a backgrounder on methods by which the U.S. could
increase security by isolating potential terrorists without isolating
the U.S. That backgrounder can be found on the Forum's website at:
http://www.immigrationforum.org/CurrentIssues/antiterrorismfixes.html.
-----------
IN CONGRESS - Senate Immigration Subcommittee Holds Hearings on
Anti-terrorism Security
-----------
On October 17, the Senate Immigration Subcommittee held a hearing on:
"Effective Immigration Controls to Deter Terrorism." The hearing was
held as Senator Edward Kennedy (D-MA), Chair of the Immigration
Subcommittee, and Sam Brownback (R-KS), Ranking Republican on the
Subcommittee, were drafting legislation containing proposals to increase
the security of the screening process for those seeking to enter the
U.S. (See story above.)
Overall, witnesses stressed the importance of data sharing, interagency
cooperation, and technology to deter terrorism. All of the witnesses
acknowledged the importance of balancing our commitment to openness to
new ideas and people, a commitment to individual freedom, and a free
market with increased security initiatives. The first to testify was
Mary Ryan, Assistant Secretary of State for Consular Affairs. Ms. Ryan
briefly detailed State Department policies and procedures for screening
visa applicants. According to Ms. Ryan, all visa applications
automatically prompt a name check through the Consular Lookout Support
System (CLASS), a huge database containing the names of persons
previously denied visas, as well as names supplied by other agencies.
Ms. Ryan concluded by affirming her confidence in the employees of the
consular system and the technology available to it. However, she
appealed for better and more timely information from intelligence and
enforcement agencies. Without that information, she noted, the
screening process is less than effective.
Mr. Lino Gutierrez, Assistant Secretary of State for Western Hemisphere
Affairs, contributed to Ms. Ryan's testimony primarily by emphasizing
the importance of U.S. cooperation with Canada and Mexico concerning
immigration security.
James Ziglar, INS Commissioner, delineated several steps to improve
security. He said that the number of Border Patrol agents, especially
along the northern Border, should be increased. Additionally, the
numbers of INS inspectors at ports of entry should be increased. Mr.
Ziglar suggested some ways in which we might increase opportunities to
catch persons who shouldn't be admitted to the U.S., such as requiring
airlines to submit advance passenger information, and giving immigration
inspectors access to the FBI's National Crime Information Center
Interstate Identification Index at all ports of entry. He emphasized
the importance of improving lookout systems and sharing databases.
Other measures that might be taken to increase security include the
possible elimination of the Transit Without Visa Program (where
foreigners entering the U.S. while transiting to another country do not
need visas), a reassessment of the designation of specific countries in
the Visa Waiver Program, and the further exploration into alternative
inspection systems that facilitate the entry of low risk travelers while
focusing on high risk travelers. Like Ms. Ryan, Mr. Ziglar emphasized
that technology is not a quick fix, and that the key to effective
security includes better intelligence and cooperation with other
government agencies.
Jeanne Butterfield, of the American Immigration Lawyers Association,
(AILA) cautioned that we cannot allow false solutions to real problems
lull us into a degree of security we have not achieved. She stressed
that in undertaking reforms to our immigration system, it is important
to remember that we are a nation of immigrants, and that immigration
remains central to who we are as a country and helps explain our success
as a people and a nation. It is precisely in times of danger that we
must fiercely defend our Constitution and the protections and liberties
that distinguish us from other nations. Ms. Butterfield emphasized that
a well-regulated system based on law, with fair, uniform, and
predictable requirements is essential, and cautioned that "as we seek to
create new means to isolate terrorists, we must take care not to isolate
America in the process." In suggesting measures that might help to
catch potential terrorists, Ms. Butterfield mentioned increased funding
for the State Department and INS; the use of new technologies; better
access to lookout lists; Consulate reforms; pre-inspection; in-flight
transmittal of passenger lists; a North American Perimeter safety zone;
and entry-exit controls.
Mr. Demetrius Papademetriou, co-director of the Migration Policy
Institute, testified on some of the findings from his research.
Papademetriou concluded that U.S. cooperation with the intelligence
gathering and law enforcement agencies of Canada and Mexico will be more
effective for combating terrorism than unilateral action. Pursuing a
"perimeter defense" to protect North American space is a worthy goal
that should be pursued as vigorously as the capabilities of the three
NAFTA nations allow. Moreover, ultimately the U.S. can better protect
itself through "front gate controls" that screen out potential
terrorists before they enter the country.
Richard Norton, Executive Director of the International Biometric
Industry Association testified that biometrics can offer both increased
security and greater convenience. The U.S. is already using biometrics
in some of its systems, such as INSPASS (a pre-clearance system for
frequent travelers to the U.S.), Alien Registration cards, and Border
Crossing cards. Norton said that biometrics can be expanded to provide
reliable and efficient border security if the U.S., among other things,
deploys optical card and finger image readers at ports of entry,
standardizes the retention of and centralizes digital images for all
U.S. documents, and applies the use of face recognition technology. Mr.
Norton closed by expressing that the biometrics industry wishes to
pursue these innovations without eroding the privacy and civil liberties
of American citizens and without disrupting international commerce.
The full statements of these witnesses can be found on the Senate
Judiciary Committee's website at:
http://judiciary.senate.gov/hr101701si.htm
--------------------
REFUGEE RESETTLEMENT - Refugee Admissions on Hold; National Security
Concerns Cited
--------------------
Refugees who were in line for U.S. resettlement immediately prior to the
September 11 tragedy have since been stranded (in some cases literally
on planes en route to the U.S.) while the U.S. grapples with its
national security weaknesses. Congress has not yet finished approving
the State Department's proposed annual refugee quota for the government
fiscal year that started October 1, 2001. The proposed ceiling of
70,000 refugees for fiscal year 2002 was approved by the House, and
awaits action by the Senate before being sent to President Bush.
The anti-terrorism legislation in Congress and other national security
priorities have distracted Congress from completing this obligation.
Additionally, the INS has recalled most of its field workers responsible
for interviewing refugees in camps, dramatically slowing the pace at
which candidates for U.S. resettlement are screened.
Still, it is apparent that concerns over admitting refugees into the
country have also contributed to the abrupt standstill in refugee
resettlement. Reports of Taliban supporters running to Pakistan and
claiming to be refugees have the American public wondering whether or
not the refugees we would like to re-locate here are legitimate.
In light of the larger debate over increased screening of foreign
nationals who apply to come to the U.S., The New York Times reported on
October 29 that government officials are planning to institute new
security measures in the screening of refugees--already perhaps the
most-screened category of foreign nationals that seeks entry to the
U.S.--once the quota is issued by the President. They anticipate being
able to implement these measures quickly so that the approximately
20,000 refugees currently approved and awaiting resettlement in the U.S.
can be brought in without much further delay.
FROM THE FEDERAL REGISTER
On October 24, the Department of Labor announced it was extending the
comment period for a proposed rule that would require employers to
submit fees for labor certification and the associated H-2A (temporary
agricultural worker) petition with a consolidated application form at
the time of filing. The new comment period ends on December 17, 2001.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-26867-filed
On October 26, the State Department published a final rule for the
Diversity Visa program. Diversity visa regulations had been modified
to, among other things, "further enhance the Department's ability to
combat fraudulent practices in the DV Program."
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-27013-filed
On October 31, the INS and the Executive Office for Immigration Review
(EOIR) published an interim rule on review of custody determinations.
The interim rule amends previous regulations by expanding the provision
for a temporary automatic stay of an immigration judge's decision to
order the release of an alien in any case in which a district director
has ordered that the alien be held without bond or has set a bond of
$10,000 or more, in order to keep the individual in detention while the
INS seeks expedited review by the Board of Immigration Appeals or
Attorney General. Comments are due on or before December 31, 2001.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-27447-filed
On November 2, the INS announced it was extending the comment period on
its request to continue using form I-907, Request for Premium Processing
Service. Comments are due by December 3.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-27548-filed
On November 2, the INS announced it was extending the comment period on
its request to continue using form I-243, Application for Removal.
Comments are due by December 3.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-27549-filed
On November 5, the Census Bureau published a report regarding the
potential application of statistically adjusted data from Census 2000
for non-redistricting uses. Those uses are: (1) As controls to produce
estimates from the Census 2000 long form (sample) data, (2) as
demographic survey controls, and (3) as the base for producing
post-censal estimates. The committee advising the Census Bureau on this
issue has recommended that unadjusted Census 2000 data be used for
non-redistricting purposes.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-27663-filed
==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
------ End of Forwarded Message
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