Washington Office urges calls for caution
on immigration provisions of Anti-Terrorism Bill
[10-3-01]
This is an urgent Action Alert distributed to the
Civil Rights and Religious Liberties issue network, written by Jenny Lin
of the Washington Office, Presbyterian Church (USA).
Ask Your Members of Congress to Carefully Review the Immigration
Provisions in the Anti-Terrorism Bill. Urge Them to Allow Clear Standards
of Evidence and Judicial Review
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:
1. Following standard procedure, and evidence, before
declaring someone a terrorist;
2. 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. "
