Protecting the Border (Title IV)

 

Note Any person who enters this country, for any reason, could be a potential terrorist. This part of the Patriot Act helps us identify possible terrorists and detain them before they enter the country.

 

Section 401: Protecting our Northern Border

Section 403: Access to certain identifying information of visa applicants and applicants for admission to the United States

Section 411: Definitions relating to Terrorism

Section 412: Mandatory Detention of Suspected Terrorists

Section 413: Multilateral Cooperation Against Terrorists

Section 414: Visa Integrity and Security

Section 416: Foreign Student Monitoring Program


Section 401: Protecting our Northern Border

 

• triple the number of Border Patrol personnel

• triple the number of Customs Service personnel

• triple the number of INS inspectors

• $50,000,000 to the Immigration and Naturalization Service for making improvements in technology for monitoring the Northern Border and acquiring additional equipment at the Northern Border.

• $50,000,000 to the United States Customs Service for making improvements in technology for monitoring the Northern Border and acquiring additional equipment at the Northern Border.


Section 403: Access to certain identifying information of visa applicants and applicants for admission to the United States

 

• The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center

• Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicant's fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation.


Section 411: Definitions relating to Terrorism

 

(a) GROUNDS OF INADMISSIBILITY [into the United States] now also include:

• alien is a representative of a foreign terrorist organization

• alien is a representative of a political, social or other similar groupwhose publicly endorses acts of terrorist activity

• alien is a representative of a political, social or other similar group who undermines United States efforts to reduce or eliminate terrorist activities

• alien has used his position of prominence within any country to endorse or espouse terrorist activity

• alien has used his position of prominence within any country to persuade others to support terrorist activity or a terrorist organization

• alien is the spouse or child of an alien who is inadmissible under this section [due to terrorist activities], if the activity occurred within the last 5 years

 

(b) EXCEPTIONS to GROUNDS OF INADMISSIBILITY above:

• does not apply to a spouse or child who did not know or should not reasonably have known of the [terrorist] activity causing the alien to be found inadmissible

• does not apply to a spouse or child whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible

 

(c) "ENGAGE IN TERRORIST ACTIVITY" DEFINED:

• to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity

• to prepare or plan a terrorist activity

• to gather information on potential targets for terrorist activity

• to solicit funds or other things of value for a terrorist activity; or a terrorist organization

• to solicit any individual to engage in conduct otherwise described in this clause; for membership in a terrorist organization described in clause

• to 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


Section 412: Mandatory Detention of Suspected Terrorists

 

• The Attorney General shall take into custody any alien who is certified under paragraph (3). [described in Sections 212 and 237]

[Paragraph 3:](3) CERTIFICATION - The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien

(A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B);

or (B) is engaged in any other activity that endangers the national security of the United States.

 

• LIMITATION ON INDEFINITE DETENTION- An alien detained solely under paragraph (1) who has not been removed under section 241(a)(1)(A), and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.

• The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General's discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.

 

• REPORTS [on those aliens detained] -

• The Attorney General will create a report on the status of those aliens detained. The Attorney General will submit this report every 6 months, to the Judiciary committees of the House and the Senate.

• The report will include the following lists: "those who were granted any form of relief from removal; those who were removed; those who the Attorney General has determined are no longer aliens who may be so certified; or those who were released from detention"

 

• The report will also state: "the number of aliens certified [detained] under section 236A(a) of the Immigration and Nationality Act; the grounds for such certifications; the nationalities of the aliens so certified; the length of the detention for each alien so certified; and the number of aliens so certified."


Section 413: Multilateral Cooperation Against Terrorists

 

• the Secretary of State may share information on specific individuals, on a case-by-case basis, with other governments

• the Secretary of State will establish agreements with other nations to share similar information on specific individuals, on a case-by-case basis.


Section 414: Visa Integrity and Security

 

Entry and Exit Data System:

• the integrated entry and exit data system for airports, seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), should be implemented with all deliberate speed and as expeditiously as practicable

• Appropriate funding is authorized in such sums as may be necessary to fully implement the system described in paragraph (1)(A). [the integrated entry and exit data system]

• the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215) should begin

 

• INTERFACE WITH LAW ENFORCEMENT DATABASES - The entry and exit data system described in this section shall be able to interface with law enforcement databases for use by Federal law enforcement to identify and detain individuals who pose a threat to the national security of the United States.

 
• REPORT ON SCREENING INFORMATION - Not later than 12 months after the date of enactment of this Act, the Office of Homeland Security shall submit a report to Congress on:

• the information that is needed from any United States agency to effectively screen visa applicants and applicants for admission to the United States, in order to:

• identify those affiliated with terrorist organizations or those that pose any threat to the safety or security of the United States, including the type of information currently received by United States agencies and the regularity with which such information is transmitted to the Secretary of State and the Attorney General.


Section 416: Foreign Student Monitoring Program

 

• The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).

 

• OTHER APPROVED EDUCATIONAL INSTITUTION- The term `other approved educational institution' includes any air flight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.'.

 

• INTEGRATION WITH PORT OF ENTRY INFORMATION- For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.

 

• AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Department of Justice $36,800,000 for the period beginning on the date of enactment of this Act and ending on January 1, 2003, to fully implement and expand prior to January 1, 2003, the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).