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Justice, Homeland Security Departments Announce Changes
By Maia Jachimowicz and Ramah McKay
Migration Policy Institute
May 1, 2003
Justice Department Allows Indefinite Detention of
Undocumented Immigrants
Attorney General John Ashcroft on April 24 announced that undocumented
immigrants could be detained indefinitely, without bond, if the government
provides evidence that their release might threaten national security. In a
move based on the case of a detained Haitian undocumented immigrant, the
Justice Department argued that although the individual in question had no links
to terrorism, his release could prompt a "mass influx" of Haitian refugees.
This influx, in turn, was considered an indirect threat to national security
because of its potential to divert immigration and Coast Guard resources
currently allocated to homeland security and the fight against terrorism.
The Justice Department's ruling overturned a Board of Immigration Appeals
decision to uphold an immigration judge's release of Haitian asylum seeker
David Joseph on a $2,500 bond, pending his hearing. Immigration advocates and
civil liberties groups have criticized the ruling, arguing that immigrants are
not being given the chance to be judged on their individual circumstances or
to prove that they do not pose threats to national security. They also point
to the tremendous financial costs of detaining large numbers of immigrants.
Homeland Security Department to Replace NSEERS
Homeland Security Secretary Tom Ridge on April 29 announced that the National
Security Entry-Exit Registration Program (NSEERS) would be replaced by a new
entry/exit system for foreigners entering the US. The new program will be
called the US Visitor and Immigration Status Indication Technology System
(USVISIT), and will aim to track all those coming to the US to work, study, and
visit. As a result of the implementation of USVISIT, which is scheduled to
begin its first phase of operations by 2003 at international air and seaports,
the NSEERS Special Registration Program will end. Special Registration
currently requires registration with immigration authorities by nonimmigrant
men (that is, those who are in the US on temporary visas), who are aged 16 and
older and come from any one of 25 countries. The designated countries are
predominantly Arab and Muslim, as well as states where Al Qaeda is thought to
be particularly active. This spring, lawmakers voiced concerns that Special
Registration was ineffective in promoting national security, and that it was
limiting the efficient provision of immigration services. For more information
on NSEERS and Special Registration see the Policy Beat in the
February and
March
issues and April's
Spotlight on Special Registration.
Special Registration Deadline Passes for Fourth
Group of Foreign Visitors
April 25 marked the final deadline for the fourth call-in group of the special
registration program, a component of the National Security Entry-Exit
Registration Program (NSEERS). Special Registration, which began in January,
had registered a total of 74,538 men as of April 18, 2003. The program
requires registration with immigration authorities by nonimmigrant men (that
is, those who are in the US on temporary visas), who are aged 16 and older and
come from any one of 25 countries. The designated countries are predominantly
Arab and Muslim, as well as states where Al Qaeda is thought to be particularly
active. The fourth call-in group includes temporary foreign visitors who are
male, 16 years of age or older, are nationals or citizens of Bangladesh,
Egypt, Indonesia, Jordan or Kuwait, and who were present in the United States
before October 1, 2002. For more information on Special Registration see the Policy Beat in the
February and
March
issues and April's
Spotlight on Special Registration.
Immigrants Killed While in US Military Earn Posthumous Citizenship
The Senate on April 10 passed a bill awarding immediate citizenship to
non-citizen soldiers killed in combat. Retroactive to September 11, 2001, the
bill is dependent on the approval of the deceased's family members and was one
of many legislative initiatives introduced in April related to non-citizens in
the military. Some 37,000 non-citizen personnel currently serve in the US
military (approximately three percent of the US armed forces) and there are an
estimated 13,000 non-citizen reservists. Senators Saxby Chambliss (R-GA) and
Zell Miller (D-GA) sponsored the bill.
President George W. Bush in July 2002 signed an executive order expediting
citizenship proceedings for men and women on active duty in the armed forces.
Prior to that, immigrants in the military were required to complete three years
of service before filing an application for citizenship. Currently, all active
duty non-citizens may file for citizenship immediately upon beginning their
service. Spouses of military personnel who are posted overseas for a year or
more also qualify for expedited citizenship proceedings. According to the
Bureau of Citizenship and Immigration Services, between July 2002 and February
2003, 5,441 soldiers filed applications for citizenship, continuing a trend
toward a rising number of applications that began several years earlier.
Student Adjustment Act Reintroduced to Congress
Lawmakers on April 9 reintroduced legislation that would allow young,
undocumented immigrants who meet certain conditions to adjust to permanent
resident status and obtain work authorization. To be eligible, applicants would
need to show good moral character, be enrolled in 7th grade or above at the
date the legislation is passed, present proof of having lived in the US at
least five years, and be under 21 years old. If passed, the Student Adjustment
Act also would allow states to provide in-state tuition rates to eligible
students regardless of immigration status. Such rates are particularly
important for immigrant students, who are ineligible for Pell grants and
federal student aid. According to the bill's sponsors, representatives Chris
Cannon (R-UT), Howard Berman (D-CA), and Lucille Roybal-Allard (D-CA), the Student
Adjustment Act would benefit an estimated 50-65,000 students, or approximately
two percent of high school graduates each year. The bill is the House
counterpart to the DREAM Act (Development, Relief, and Education Relief for
Alien Minors), which was introduced to the Senate in July 2002 but later
withdrawn.
Immigration Bureaus of DHS Receive Additional Funding
The Emergency Wartime Supplemental Appropriations Act 2003 was signed into law
April 16 to provide additional funding to government agencies involved in the
war against Iraq. Of the total $78.5 billion "emergency spending" bill, the
Department of Homeland Security (DHS) received a total of $6.71 billion (8.5
percent) to support domestic counter-terrorism operations. A further $4.31
billion of DHS funds were allocated specifically to cover the administrative
and operational costs of Operation Liberty Shield — a multi-government and
multi-agency national anti-terrorism effort initiated March 17 (at the start of
the war) to increase protections in the United States. Operation Liberty
Shield (see
April 1, 2003 Policy Beat) has faced
criticism for some of its security initiatives, specifically the detention of
asylum seekers from over 30 countries thought to have ties to Al Qaeda and the
"voluntary" interviews of approximately 11,000 Iraqi nationals currently living
in the United States. The three bureaus within DHS that deal directly with
immigrants and immigration functions received varying amounts of the $4.31
billion total: the Bureau of Customs and Border Protection was allocated $333
million; the Bureau of Immigration and Customs Enforcement, $170 million; and
the Bureau of Citizenship and Immigration Services, $3 million.
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