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.
Congress is under immense pressure to pass this proposed amendment into law. Unfortunately, this will give the INS and the FBI total freedom to detain any alien, for any suspicion. The proposal defines “terrorism” very broadly and will limit the few civil rights foreigners living in the U.S. have. While we understand and support the need to protect the country against terrorism, we fear this amendment will give the INS “carte blanche” to arrest anyone they wish, with little or no proof of any wrongdoing whatsoever. As the full rights of the American Constitution do not apply to resident aliens, even legal permanent resident aliens, any non-citizen will be at risk for arrest and deportation with no meaningful defense.
On the other hand, a widespread practice of undocumented aliens looking for jobs is to buy counterfeit permanent residence or social security cards. While overstaying one’s visa, and working without authorization have, to date, been considered only “immigration violations” and not crimes, using counterfeit documents has always been considered a criminal act, potentially punishable by imprisonment and then deportation.
We urge the community to seek proper advice regarding their immigration options, so as to avoid, whenever possible, staying in the U.S. illegally. Absent unusual circumstances, any legal permanent resident who qualifies for citizenship should apply for naturalization. The immigration laws have many options for aliens to live and work legally in the U.S. It is just a matter of diligently obtaining the information and following the guidelines. With careful planning and a bit of patience, almost any foreigner will qualify for some type of temporary or permanent visa to stay legally in the United States.
We all mourn the victims of the World Trade Center. However, we must urge Congress not to act hastily and, despite good intentions, cause irreparable harm to hard-working, law-abiding long time residents of the U.S. who feel as much a part of this country as any native born American does.