Kravitz and Guerra
Genilde E. Guerra
Attorney at Law
Law Offices of Kravitz & Guerra, PA.
Immigration*Real Estate*International Corporate Law
800 Brickell Avenue, Suite 701, Miami, Florida 33131 - USA
MIAMI (+1) 305 372-0222 FAX (+1)305 372-0400
MOBILIZATION AGAINST TERRORISM ACT
In the wake of the terrible tragedy of September 11, the American Congress prepares to act. In a proposal presented September 18, Congress plans to create a provision for the I.N.S. Commissioner, in consultation with the F.B.I., to “recommend” that an alien be “certified” as someone the INS “has reason to believe may further or facilitate acts of terrorism or any other activity that endangers the national security of the United States”. The proposal continues, to say that this recommendation to certify is not reviewable by any court, and habeas corpus cannot be sought. It amends the expedited removal provision, which currently allows fast deportation only of undocumented aliens who were convicted of committing an aggravated felony, to include the removal of any alien suspected of terrorism from the U.S. without a court order.
If passed, this amendment would give INS the power to deport any alien, including legal permanent residents, who were “certified” by INS as suspect of terrorism. The proposal goes on to say that any alien who is “certified” as a suspect of terrorism will be arrested and held indefinitely, until deported, convicted on the charges or de-certified by the Attorney General.
The proposal continues, allowing arrest and imprisonment of any alien who, upon arrival at the United States, “intentionally violates arrival, reporting, entry or clearance requirements”. This part leaves the provision very open and could include any type of violation, including verbal statements made to I.N.S. officers upon arrival at airports, etc. Finally, the proposal would be “super-retroactive” and would apply to all past, pending, or future deportation, exclusion, removal or other immigration proceeding ... read more
