Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 01101081 | Dated October 10, 2001
The "PATRIOT" Act -H.R. 2975
SECTION -by-SECTION SUMMARY of IMMIGRATION PROVISIONS
(as reported out of House Judiciary Committee 10-3-01)
Sec. 1. Short Title
This Act may be cited as the "the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001."
TITLE II-ALIENS ENGAGING IN TERRORIST ACTIVITY
Section 201: Changes in Classes of Aliens who Are Ineligible for Admission and Deportable Due to Terrorist Activity
This section expands the scope of terrorism-related activity that makes one deportable or inadmissible.
Section 202. Changes in Designation of Foreign Terrorist Organizations
This section clarifies that the Secretary of State can redesignate an organization as a terrorist organization and can revoke a designation or redesignation.
Section 203. Mandatory Detention of Suspected Terrorists; Habeas Corpus; Judicial Review
This section expands the mandatory detention powers of the Attorney General.
Section 204. 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 205. Changes in Conditions for Granting Asylum and Asylum Procedures
This section makes a modification to the bar to asylum based on terrorism grounds, and allows the bar to be enacted if a person is "described in" the terrorism grounds, rather than requiring that the person be found inadmissible or removal on those grounds.
A section providing for breach of confidentiality re asylum applicants was struck from the bill at markup.
Section 206. Protection of Northern Border
This section authorizes the appropriation of funds necessary to triple the number of Border Patrol personnel in each State along the northern border and the number of INS inspectors at each port of entry along the northern border. The Act also authorizes $50 million to the INS for purposes of making improvements in technology for monitoring the northern border and acquiring additional equipment at the northern border.
Section 207. Requiring Sharing by the Federal Bureau of Investigation of Certain Criminal Record Extracts with other Federal Agencies in Order to Enhance Border Security
This section provides that the Justice Department shall provide to the State Department and the INS access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index, Wanted Persons File, and to any other files maintained by the NCIC that may be mutually agreed upon by the Justice Department and the official to be provided access, for purposes of determining whether a visa applicant or an applicant for admission has a criminal history record.
Subtitle B- Preservation of Immigration Benefits for Victims of Terrorism
Section 211. Special Immigrant Status
This section allows the Attorney General to:
Section 212. Extension of Filing or Reentry Deadlines
Section 213. Humanitarian Relief for Certain Surviving Spouses and Children
Section 214. "Age-Out" Protection for Children
Section 215. Temporary Administrative Relief
Section 216. Evidence of Death, Disability, or Loss of Employment
Section 217. No Benefit to Terrorists or Family Members of Terrorists
Section 218. Definitions
Cite as AILA Doc. No. 01101081.