The Patriot Act and US Immigration
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 After 9/11 the Patriot Act or Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism was shortly
passed. The purpose of the Patriot Act was to prevent terrorist attacks not only
in the United States but abroad as well. Some groups like the American Civil
Liberties Union (ACLU) argue that the Patriot Act violates certain amendments
and expands the role of government in our lives. If the government believes its
citizens or non-citizens are somehow involved in terrorist activities, then the
U.S. government can expand it authority to further investigate the suspicion.
Some actions that normally would have been considered unacceptable in the past
are now permissible in the effort to provide a more secure nation. Examples of
these actions under the Patriot Act include federal officers being able to enter
and search anyone’s home if they suspect terrorist activities or links. Federal
officers are not required to inform U.S. citizens or non-citizens that their
home will be searched. Notification of the search may be delayed for seven days
or continuously postponed afterwards. The officers are also allowed to gain
access to private medical, library, business and educational records. In
addition, officers can monitor the use of Internet, email and telephone. The
requirements for “probable cause” have been lowered by the Patriot Act. Probable
cause refers to having to show the U.S. courts that there is evidence of a
crime.
Controversy surrounds the Patriot Act not only due to its contents but also
because of the short time it was approved in. The act was passed on October 23,
2001 in the House of Representatives and two days after in the Senate. There was
modest opposition which made some citizens and non-citizens wonder if the
Representatives and Senators had taken the time to read and fully understand the
provisions. The Patriot Act was divided into ten titles which include:
- Enhancing domestic security against terrorism
- Enhanced surveillance procedures
- International money laundering abatement and anti-terrorist financing act of 2001
- Protecting the border
- Removing obstacles to investigating terrorism
- Providing for victims of terrorism, public safety officers and their families
- Increased information sharing for critical infrastructure protection
- Strengthening the criminal laws against terrorism
- Improved intelligence and
- Miscellaneous
When President Bush
signed the Patriot Act back in October 26, 2001 it contained some permanent and
temporary provisions. The temporary provisions would expire after a certain time
period unless they were renewed by Congress and signed into law by the
president. Both branches renewed the temporary provisions in early March 2006
and President Bush signed the renewal into law on March 9, 2006.
In terms of immigration, the Patriot Act increased the authority of the INS or
what is currently known as the USCIS to track down
illegal immigrants with
terrorist ties. For example, the USCIS has access to some of the FBI’s systems
like the Wanted Persons File and the NCIC-III. These systems allow the USCIS to
check the criminal history of visa applicants. The USCIS is also authorized to
make inadmissible the spouse and children of illegal immigrants who have some
ties to terrorism within the last five years. The spouses and children who have
some association with a terrorist organization and have intentions of committing
a terrorist act will automatically be excluded. The Attorney General must go
through a certain procedure to classify an illegal immigrant as a terrorist. The
illegal immigrant is placed in removal proceedings, charged with a criminal
offense or either released within seven days of being taken into custody. In
addition, the illegal immigrants may be held indefinitely with no counsel access
for up to periods of six months if they are found to pose a threat to national
security. The Patriot Act calls for the integrated entry and exit data system
which is under section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRAIRA) of 1996 to be expedited. When it comes to foreign
students, the U.S. Attorney General must track them by setting up a database.
This database includes information on their date of entry and port of entry. The
Attorney General must also grant approval for foreign students to attend permit
flight schools, vocational schools and language training schools. Essentially
what the Patriot Act has done is make it more difficult for non-citizens to gain
U.S. permanent residency, citizenship, visas and work permits due to the added
requirements. A high ranking official in the USCIS said that if there are any
doubts regarding an applicant then they do not receive approval. Government
standards have become stricter and background checks have become more critical.
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