Hot Topics: USA PATRIOT Act--Title IVLast update: February 14, 2003
Subtitle A: Protecting the Northern Border - Authorizes the Attorney General to waive certain Immigration and Naturalization Service (INS) personnel caps with respect to ensuring security needs on the Northern border.
(Sec. 402) Authorizes appropriations to: (1) triple the number of Border Patrol, Customs Service, and INS personnel (and support facilities) at points of entry and along the Northern border; and (2) INS and Customs for related border monitoring technology and equipment.
(Sec. 403) Amends the Immigration and Nationality Act to require the Attorney General and the Federal Bureau of Investigation (FBI) to provide the Department of State and INS with access to specified criminal history extracts in order to determine whether or not a visa or admissions applicant has a criminal history. Directs the FBI to provide periodic extract updates. Provides for confidentiality.
Directs the Attorney General and the Secretary of State to develop a technology standard to identify visa and admissions applicants, which shall be the basis for an electronic system of law enforcement and intelligence sharing system available to consular, law enforcement, intelligence, and Federal border inspection personnel.
(Sec. 404) Amends the Department of Justice Appropriations Act, 2001 to eliminate certain INS overtime restrictions.
(Sec. 405) Directs the Attorney General to report on the feasibility of enhancing the Integrated Automated Fingerprint Identification System and other identification systems to better identify foreign individuals in connection with U.S. or foreign criminal investigations before issuance of a visa to, or permitting such person's entry or exit from, the United States. Authorizes appropriations.
Subtitle B: Enhanced Immigration Provisions - Amends the Immigration and Nationality Act to broaden the scope of aliens ineligible for admission or deportable due to terrorist activities to include an alien who: (1) is a representative of a political, social, or similar group whose political endorsement of terrorist acts undermines U.S. antiterrorist efforts; (2) has used a position of prominence to endorse terrorist activity, or to persuade others to support such activity in a way that undermines U.S. antiterrorist efforts (or the child or spouse of such an alien under specified circumstances); or (3) has been associated with a terrorist organization and intends to engage in threatening activities while in the United States.
(Sec. 411) Includes within the definition of "terrorist activity" the use of any weapon or dangerous device.
Redefines "engage in terrorist activity" to mean, in an individual capacity or as a member of an organization, to: (1) commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (2) prepare or plan a terrorist activity; (3) gather information on potential targets for terrorist activity; (4) solicit funds or other things of value for a terrorist activity or a terrorist organization (with an exception for lack of knowledge); (5) solicit any individual to engage in prohibited conduct or for terrorist organization membership (with an exception for lack of knowledge); or (6) commit an act that the actor knows, or reasonably should know, affords 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 for the commission of a terrorist activity; to any individual who the actor knows or reasonably should know has committed or plans to commit a terrorist activity; or to a terrorist organization (with an exception for lack of knowledge).
Defines "terrorist organization" as a group: (1) designated under the Immigration and Nationality Act or by the Secretary of State; or (2) a group of two or more individuals, whether related or not, which engages in terrorist-related activities.
Provides for the retroactive application of amendments under this Act. Stipulates that an alien shall not be considered inadmissible or deportable because of a relationship to an organization that was not designated as a terrorist organization prior to enactment of this Act. States that the amendments under this section shall apply to all aliens in exclusion or deportation proceedings on or after the date of enactment of this Act.
Directs the Secretary of State to notify specified congressional leaders seven days prior to designating an organization as a terrorist organization. Provides for organization redesignation or revocation.
(Sec. 412) Provides for mandatory detention until removal from the United States (regardless of any relief from removal) of an alien certified by the Attorney General as a suspected terrorist or threat to national security. Requires release of such alien after seven days if removal proceedings have not commenced, or the alien has not been charged with a criminal offense. Authorizes detention for additional periods of up to six months of an alien not likely to be deported in the reasonably foreseeable future only if release will threaten U.S. national security or the safety of the community or any person. Limits judicial review to habeas corpus proceedings in the U.S. Supreme Court, the U.S. Court of Appeals for the District of Columbia, or any district court with jurisdiction to entertain a habeas corpus petition. Restricts to the U.S. Court of Appeals for the District of Columbia the right of appeal of any final order by a circuit or district judge.
(Sec. 413) Authorizes the Secretary of State, on a reciprocal basis, to share criminal- and terrorist-related visa lookout information with foreign governments.
(Sec. 414) Declares the sense of Congress that the Attorney General should: (1) fully implement the integrated entry and exit data system for airports, seaports, and land border ports of entry with all deliberate speed; and (2) begin immediately establishing the Integrated Entry and Exit Data System Task Force. Authorizes appropriations.
Requires the Attorney General and the Secretary of State, in developing the integrated entry and exit data system, to focus on the use of biometric technology and the development of tamper-resistant documents readable at ports of entry.
(Sec. 415) Amends the Immigration and Naturalization Service Data Management Improvement Act of 2000 to include the Office of Homeland Security in the Integrated Entry and Exit Data System Task Force.
(Sec. 416) Directs the Attorney General to implement fully and expand the foreign student monitoring program to include other approved educational institutions like air flight, language training, or vocational schools.
(Sec. 417) Requires audits and reports on implementation of the mandate for machine readable passports.
(Sec. 418) Directs the Secretary of State to: (1) review how consular officers issue visas to determine if consular shopping is a problem; and (2) if it is a problem, take steps to address it, and report on them to Congress.
Subtitle C: Preservation of Immigration Benefits for Victims of Terrorism - Authorizes the Attorney General to provide permanent resident status through the special immigrant program to an alien (and spouse, child, or grandparent under specified circumstances) who was the beneficiary of a petition filed on or before September 11, 2001, to grant the alien permanent residence as an employer-sponsored immigrant or of an application for labor certification if the petition or application was rendered null because of the disability of the beneficiary or loss of employment due to physical damage to, or destruction of, the business of the petitioner or applicant as a direct result of the terrorist attacks on September 11, 2001 (September attacks), or because of the death of the petitioner or applicant as a direct result of such attacks.
(Sec. 422) States that an alien who was legally in a nonimmigrant status and was disabled as a direct result of the September attacks may remain in the United States until his or her normal status termination date or September, 11, 2002. Includes in such extension the spouse or child of such an alien or of an alien who was killed in such attacks. Authorizes employment during such period.
Extends specified immigration-related deadlines and other filing requirements for an alien (and spouse and child) who was directly prevented from meeting such requirements as a result of the September attacks respecting: (1) nonimmigrant status and status revision; (2) diversity immigrants; (3) immigrant visas; (4) parolees; and (5) voluntary departure.
(Sec. 423) Waives, under specified circumstances, the requirement that an alien spouse (and child) of a U.S. citizen must have been married for at least two years prior to such citizen's death in order to maintain immediate relative status if such citizen died as a direct result of the September attacks. Provides for: (1) continued family-sponsored immigrant eligibility for the spouse, child, or unmarried son or daughter of a permanent resident who died as a direct result of such attacks; and (2) continued eligibility for adjustment of status for the spouse and child of an employment-based immigrant who died similarly.
(Sec. 424) Amends the Immigration and Nationality Act to extend the visa categorization of "child" for aliens with petitions filed on or before September 11, 2001, for aliens whose 21st birthday is in September 2001 (90 days), or after September 2001 (45 days).
(Sec. 425) Authorizes the Attorney General to provide temporary administrative relief to an alien who, as of September, 10, 2001, was lawfully in the United States and was the spouse, parent, or child of an individual who died or was disabled as a direct result of the September attacks.
(Sec. 426) Directs the Attorney General to establish evidentiary guidelines for death, disability, and loss of employment or destruction of business in connection with the provisions of this subtitle.
(Sec. 427) Prohibits benefits to terrorists or their family members.
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