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USA PATRIOT Act, Title IV

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USA PATRIOT Act Titles
Title I: Enhancing Domestic Security against Terrorism
Title II: Enhanced Surveillance Procedures
Title III: International Money Laundering Abatement and Anti-terrorist Financing Act of 2001
Title IV: Protecting the border
Title V: Removing obstacles to investigating terrorism
Title VI: Providing for victims of terrorism, public safety officers and their families
Title VII: Increased information sharing for critical infrastructure protection
Title VIII: Strengthening the criminal laws against terrorism
Title IX: Improved intelligence
Title X: Miscellaneous

TITLE IV: PROTECTING THE BORDER is fourth of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States after the September 11, 2001 attacks.

Contents

Subtitle A--Protecting the Northern Border

Canada lies to the north of the United States.
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Canada lies to the north of the United States.

The Attorney General was authorized to waive any cap on the number of full time employees (FTEs) assigned to the Immigration and Naturalization Service on the Northern border of the United States (the country to the north of the U.S. is Canada).Section 401 Enough funds were also set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Northern Border.Section 402 The INS was also given the authority to authorise overtime payments of up to an extra US$30,000 a year to INS employees.The Department of Justice Appropriations Act, 2001 was amended by section 404 of the Patriot Act.

Access was given to the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants for admission to the United States.Section 403 of the Patriot Act amends #redirect or Section 105 of the Immigration and Nationality Act The information that may be exchanged include the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center. Such information is provided as an extract from an automated visa lookout system or other appropriate database, and is provided free of charge. However, for the Department of State to obtain the full criminal record, it must first submit the applicant's fingerprints to the Criminal Justice Information Services Division of the FBI. The Department of State was required to form final regulations that govern the procedures for taking fingerprints and the conditions with which the department was allowed to use such information. The final regulations are specified in [22 CFR 40.5]. Additionally, a technology standard to became the technology basis for a cross-agency, cross-platform electronic system was mandated to be developed by the National Institute of Standards and Technology (NIST) to be used to verify the identity of persons applying for a United States for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa under a different name. This report was released on November 13, 2002,National Institute of Standards and Technology, November 13, 2002. ["Use of Technology Standards and Interoperable Databases With Machine-Readable, Tamper-Resistant Travel Documents"] (Appendix A) however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998"[NIST Image Group's Fingerprint Research], see the section "NIST Patriot Act Work" (accessed June 28, 2006) This report was later superceded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.

Subtitle B--Enhanced immigration provisions

Sec. 411. Definitions relating to terrorism.

The Immigration and Nationality Act (INA) was retroactively amended #redirect to disallow aliens who are part representatives of a foreign organisation or any group who endorses acts of terrorism the ability to enter the United States. This includes any alien who has used their prominence to persuade others to support terrorist activities. The child or spouse of such an alien is also inadmissable to the U.S. for a period of 5 years since the alien's last known terrorist action, though this does not apply in cases where the spouse or child was not aware such activities were being undertaken. An exception is also made in cases where a consulate official or the U.S. Attorney General is aware the alien has renounced their terrorist activities. Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage in activities that could endanger the welfare, safety, or security of the United States is also inadmissible.

Several definitions were defined or amended in the INA. The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms). To "engage in terrorist activity" is defined as commiting, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organisation or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act.

The INA criteria for making a decision to designate an organisation as a terrorist organisation was amended to include the definition of a terrorist act as specified in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.22 U.S.C. [§ 2656f(d)(2)] When an organisation is to be designated a terrorist organisation, seven days before making the designation under #redirect the Secretary of State must make a classified notification of this and the reasoning behind the decision in writing to the Speaker and Minority Leader of the House of Representatives, the President pro tempore of the U.S. Senate, the Majority and Minority Leaders of the United States Senate, and the members of the relevant committees of the House of Representatives and the Senate. The Secretary must also publish the designation in the Federal Register seven days after providing the notification. The Secretary of State can redesignate any such organization at the end of a two year redesignation period for an additional two years if the situation that caused the original designation has not changed.

Though the amendment is retroactive, this does not mean that it can be applied to members who joined a organisation, but since left, before it was designated to be a terrorist organisation under #redirect by the Secretary of State.USA PATRIOT Act § 411(c)(3)(A)

Sec. 412. Mandatory detention provisions

The Act added a new section (section 236A) to the INA#redirect , which requires the Attorney General, or his deputy, to take into custody any alien who is engaged in terrorism, or an activity that endangers U.S. national security, or who is inadmissable or deportable because it is certified they:

The Attorney General or the Attorney General's deputy may maintain custody of the alien until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days8 U.S.C. [§ 1232(a)(1)(A)] but can be held up to 6 months after it is deemed that they are a national security threat. However, removal procedings or an arrest must be made no longer than 7 days after the alien's detention, otherwise the alien will be released.

The certification of the alien must be reviewed every 6 months by the Attorney General, who can then decide to revoke it — unless that is prohibited by law. Every 6 months the alien may apply, in writing, for the certification to be reconsidered.

Judicial review of any action or decision relating to this section, including judicial review of the merits of a certification, can be held under habeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court, by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or by any district court otherwise having jurisdiction to entertain the application. The final order is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit.

Provisions were also made for a report to be required of the U.S. Attorney General every six months which details:

Sec. 413. Multilateral cooperation against terrorists.

The issuance or refusal of visas or permits to enter the United States are confidential except when such records are needed by a court in the interest of justice.#redirect Section 413 amended this to allow the Secretary of State to provide to a foreign government information about aliens in the Department of State’s computerized visa lookout database and other relevant records so they can prevent, investigate, or punish acts that would constitute a crime in the United States.

Visa integrity and security

Under section 414, the sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).Illegal Immigration Reform and Immigrant Responsibility Act of 1996, [Section 110] The sense of Congress was also that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. The task force is made up of 16 representatives of a variety of governmental agencies (section 415 of the Patriot Act specifies that the Office of Homeland Security must be involved with the Entry-Exit Task Force) and evaluates how the Attorney General can efficiently and effectively carry out the implementation of the integrated entry and exit data system. It also takes into consideration how the U.S. can improve the flow of traffic at such points of entry by enhancing systems for data collection and data sharing, increasing cooperation between the public and private sectors, increasing cooperation among Federal agencies and among Federal and State agencies; and modifying information technology systems while taking into account the different data systems, infrastructure, and processing procedures of airports, seaports, and land border ports of entry. The section also ensured that there was enough money for the implementation of the integrated entry and exit data system.

The section specifies that the primary focus of development of the system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. The section also specified that the system was to be able to interface with law enforcement databases.

At the end of 12 months, the Office of Homeland Security was to present a report to Congress on the information that is needed from any U.S. agency to effectively screen visa applicants and applicants for admission to the U.S. to identify those affiliated with terrorist organizations or those that pose any threat to the safety or security of the U.S..

Sec. 416. Foreign student monitoring program

The U.S. Attorney General is required to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA8 U.S.C. [§ 1372(a)] and record the date and port of entry of each foreign student. It also expanded the program to include other approved educational institutions. This includes air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. The section appropriated US$36,800,000 for the Department of Justice to implement section 641(a) of the IIRIRA.

Sec. 417. Machine readable passports

The INA authorizes the U.S. Attorney General and Secretary of State to waive the visa requirement for aliens under certain circumstancesThe circumstances where visas can be waived is documented in #redirect . The Patriot Act makes it a requirement of the Secretary of State to audit, and report to Congress on the results of the audit, the visa waiver program for each fiscal year until September 30, 2007, and also to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports. To qualify for the waiver, the INA specifies that the alien must have provided a valid machine-readable passport. However, from October 1, 2003 till September 30, 2007 this requirement is waived if the Secretary of State finds that the alien's home country is making progress toward ensuring that machine readable passports are generally available to its nationals, or is taking reasonable steps to protect against the misuse of non-machine readable passports.8 U.S.C. [§ 1187(a)(3)]

Sec. 418. Prevention of consulate shopping

The U.S. Secretary of State was required to determine whether consulate shopping was a problem, which is the practice of applying for visas at different consulate posts in the hope of finding one that will be more sympathetic to the applicant and thus approve the visa. The Patriot Act required the Secretary to report back to Congress if it was. No report was ever filed.

Subtitle C--Preservation of immigration benefits for victims of terrorism

Sec. 421. Special immigrant status.

Sec. 422. Extension of filing or reentry deadlines.

Sec. 423. Humanitarian relief for certain surviving spouses and children.

Sec. 424. `age-out' protection for children.

Sec. 425. Temporary administrative relief.

Sec. 426. Evidence of death, disability, or loss of employment.

Sec. 427. No benefits to terrorists or family members of terrorists.

Sec. 428. Definitions.

References & notes

Notes

External links

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